[Avodah] chumrah and kula

[Micha Berger via Avodah]

On Fri, May 06, 2016 at 03:34:07PM +0300, Eli Turkel via Avodah wrote:
:> For every inheritance case that would be solved, we'd probably be
:> declaring someone else to be a mamzer if we accept DNA. Is it worth it?

: Which is why no bet din accepts DNA for mamzer cases. Doesn't mean one
: can't accept it in many other cases

A little more complicated, since discussing chumeros in mamzeirus raises
an issue distinct to mamzeirus. "Kivan denitme'ah, nitme'ah" is a gezeiras
hakasuv which makdes resolving mamzeirus in many cases beyond chumerah --
altogether needless. Being born of a father other than the husband does
not make these people mamzeirim altogether. More than that, the gemara
(Qiddushin 71a) continues telling you one SHOULD NOT reveal the families
in which mamzeirus is nitme'ah.

It is therefore consistent to refuse DNA testing for mamzeirus (in these
cases), while believing that DNA testing is in principle halachically
valid evidence. Part of a general reluctance to gather eviudence.

However, I would think we could use DNA testing to help a shetuqi or
asufi, to free him for the shadow of mamzeirus or at least allow him to
marry vadai mamzeiros.

Tir'u baTov!
-Micha

-- 
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