[Avodah] establishing mamzerut

[Jacob Farkas]

Rabbi Folger wrote:
> Once you assume that DNA is quasy faultless, it equals certainty. You no
> longer can claim that there is a reasonable interpretation of the 
> presence of the bo'el's DNA in the child.
> 
> Actually, I believe there is a reasonable interpretation which would 
> suffice, and I am surprised that it wasn't suggested at the conference: 
> the child might be the bo'el's and still not be a mamzer, since it could 
> have been conveived by IUF, IVF etc.
> 

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?

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?

--Jacob Farkas