Re: establishing mamzerut

On Sat, October 28, 2006 4:03 pm, R Arie Folger wrote:
: This issue was extensively discussed one day at the 24th Conference of
: European Rabbis, two years ago in Paris, and I recall hearing exactly the
: opposite from someone who was involved in this halakhah lema'asseh. Rav
: Wosner is rather inclined to accept DNA evidence against igun.

There are different standards of proof for igun and mamzeirus than for other
dinim. We could accept DNA evidence lehatir agunos or to prevent declaring
mamzeirus, and that wouldn't prove we could use it in general.

DNA testing WRT igun means finding proof that the body is the husband's.
Accepting the evidence is a matir. But WRT mamzeirus, the proof could be used
either lehaqeil or lechumrah. So it's not clear to me why one could generalize
even from igun to mamzeirus (nidon didan).

Tir'u baTov!
-mi

-- 
Micha Berger             Spirituality is like a bird: if you tighten
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http://www.aishdas.org   and it flies away.
Fax: (270) 514-1507                            - Rav Yisrael Salanter

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