[Avodah] DNA testing

[Eli Turkel]

Strangely blood testing is more pf problem than DNA testing because of
the gemara that various properties of the child come from each parent. Thus,
if the blood comes from the mother it cannot be used to establish paternity.
Since this has no basis in modern medicine some poskim like R. Herszog
disregarded the gemara (ie it is philosophic and not halacha le-maaseh).
Others like the Tzitz Eliezer imply we accept the gemara against modern science.

DNA is better since there are no gemaras that deny its validity.
hence. the question
is "just" the more general one of when do we accept science evidence
as a substitute
for testimony

kol tuv

Eli Turkel


On Sun, 29 Oct 2006 03:14:57, Dr. Josh Backon <backon at vms.huji.ac.il> wrote:
> The topic of using scientific tests in general (and blood tests
> in particular) to determine halacha is discussed in the Nishmat
> Avraham EVEN HA'EZER 4 Alef (4 page detailed discussion).
>
> The Tzitz Eliezer XIII 104 says these blood tests have no relevance
> in halacha. RSZA z"l was more cautious and suggested that one may
> rely on these tests as ancillary material ["k'snif l'diyun'}. BTW
> he quotes Aishdas chaver R. Dov Frimer who stated that Rav Auerbach
> meant that these tests aren't to determine absolute paternity. Those
> that invalidated thee blood tests of paternity include: Rav Uzziel,
> the Dvar Yehoshua, Meshaneh Halachot, and the Divrei Yisrael.
>
> However, the Nishmat Avraham does quote an article in the medico-halachic
> journal ASSIA that there were poskim who did accept blood tests to determine
> paternity.
>
> KT
>
> Josh
>
>


-- 
Eli Turkel