Re: Definition of a Mamzer

Yaakov Ellis wrote:
> http://tinyurl.com/y49end
> Is this for real? The mother is claiming that she had no actual contact 
> with the man who was her halachic husband at the time of conception. 
> There might be a chazaka that "the majority of sexual acts take place 
> with the legal husband", but in this case, we have the direct testimony 
> of the woman that this is not so.

On its own, this is not significant.  Why should we believe her.
If her then-husband were making this claim we would believe him only
because of a gezerat hakatuv.  But if the case is allowed to proceed,
and she ends up proving her claim with forensic evidence, I don't
see how the son could avoid mamzerut.  Even if we were (counter-
factually) to give the DNA evidence less than 100% credence, it
must surely still be stronger than "rov be'ilot".


> Does the name printed on the birth 
> certificate actually have significance in this case in determining 
> whether or not the child is a mamzer?

Not the birth certificate itself, but in order to change the birth
certificate she will have to prove her case, and for her son's sake
she should be prevented from doing so.

What struck me is this:
>    It is absurd that in Israel of the 21st century people like
>    Moshe have to suffer because of Halacha," Rosenblum said.
>    "I'm not telling the Orthodox to abandon their faith, I just
>    don't want them to force me to adhere to it."

It seems to me that this woman needs to look in a mirror.  She's
the one who's hell-bent on making her son suffer because of her
"faith".  The principles which she claims motivate her to insist
on this move are no more rational than those of the rabbis for
whom she has such contempt.  And unlike them, she cares nothing
for the consequences of her fanaticism.


-- 
Zev Sero               Something has gone seriously awry with this Court's
zev@xxxxxxxxx          interpretation of the Constitution.
                                                  - Clarence Thomas
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