[Avodah] establishing mamzerut

[Arie Folger]

RJFarkas wrote:
> Considering that Rov suggests it doesn't occur via IUF/IVF, wouldn't we
> assume that Rov, especially since it is Ifshar leVareir if IUF/IVF
> occurred?

In mamzerut, we consider unlikely events sufficient to void the mamzerut, such 
as when a woman last cohabited with her husband 352 days earlier, nishtaheh 
hazera'.

Additionally, see below...

> While DNA can establish a positive relationship between the child and
> the child's "biological father," it does not address the method of
> conception in any way, so all it does is place the Bo'el in the picture,
> it identifies that he is the party. Any discussion of method of
> conception is immaterial to the testimony of DNA, and is open to
> standard methods of Birur, e.g. Rov, Hazaqah, Eidus.
>
> So assuming that Rov conceptions are conventional, and DNA places the
> Bo'el as the father, that could lead to identification of Mamzeirus. The
> fact that a mi'ut could suggest an alternative is not a Rei'usa in the
> Birur of DNA, it is its own question. We assume Mamzeirut if a woman
> remarries without first obtaining a Get, and has a child. Maybe the
> child was born of IUF/IVF?

The speaker I criticize (along with most participants at the said conference) 
claimed that the reason for rejecting DNA evidence was that, even though it 
is correct in establishing rov, the error rate is greater than 1/1000. This 
statistic is obviously wrong by a large margin (atual error rate is easy to 
find on the net, it is estimated in the so many in a million or even in a 
billion range, depending on method used). His stated fear was also the 
identification of mamzerim. However, given that he agrees that DNA is almost 
failsafe (he basically admits to 99%+ accuracy), IVF isn't any less likely 
than the presumed error rate.

Plus, the possibility of IUF/IVF is sufficient to let the woman claim that the 
child is no mamzer. Furthermore, if the woman can thus claim, so can we claim 
for her (essentially applying the reasoning of nishtaheh hazera').

So, I am puzzled.

KT,

Arie Folger