[Avodah] New Cancer Treatment

[Marty Bluke]

RHS in his sefer (Eretz Hatzvi) points out that it seems to be 2 opinions
in Tosafos whether a mamzer can be created without a bias issur.

The Gemara in Yevamos 16b brings the opinion that eved v'akum haba al bas
yisrael havlad mamzer. Tosafos there asks the following question. They
understand how there can be an opinion that an eved creates mamzerus
because there is a specific issur for a Jewish woman to have biah with an
eved. However, they ask, by a Goy there is no issur biah min hatorah and
therefore how can anyone hold that the product of the biah of a goy and a
Jewish woman would create a mamzer? Tosafos gives 2 answers:
1. Even though there is no bias issur since kiddushin are not tofsin it
creates mamzerus.
2. A Goy and a Jewish woman do not create a mamzer min hatorah only
midrabbanan

If we apply these 2 opinions to IVF, according to the first answer since
kiddushin are not tofsin (since she is married) the child would be a mamzer
even though there was no bias issur. On the other hand, the second answer
holds that the determining factor of mamzerus is a bias issur and therefore
since in the case of IVF there is no bias issur there would be no mamzerus.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.aishdas.org/pipermail/avodah-aishdas.org/attachments/20171224/e2a547fd/attachment.html>