[Avodah] establishing mamzerut

[Arie Folger]

RET wrote:
> The woman wanted ti use a DNA test. What is the halakhic value
> of this as extra to her testimony?

This is a matter of some dispute, with Rav Elyashiv being quoted as being 
skeptical of DNA tests. However, AFAIK, that portrayal isn't accurate. RYSE 
strongly discourages the use of DNA, is against them, wants to ignore them, 
but does agree that they do prove paternity.

I believe that if the test is carried out properly, it will be acceoted and 
the child's mamzerut will become an established halakhic fact. That is why, 
ordinarily, DNA-testing is, AFAIK, prohibited in Israel. That is why the 
woman wants to sue for it. The Israeli law (if there is such a law and I am 
not misinformed on this matter) clearly wants to prevent what this woman is 
setting out to do.

RMYG wrote:
> Last night, I spoke with someone who was involved with the Agunah
> situations after Sept. 11. He told me that R' Wosner takes the position
> that DNA is only good as a Siman, and can't be used to be Motzi Mamon (e.g.
> for Yerushah) or for Yichus. He said that he heard from RYSE's Talmidim,
> that RYSE takes a stronger position regarding DNA, and considers it worth
> more than R' Wosner does, but that RYSE doesn't say publicly what his
> position is. He referred me to Yeshurun (IIRC, vol. 11) that has a few
> pieces regarding DNA in the context of 9/11.

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.

Good week,

Arie Folger