[Avodah] New Cancer Treatment

[Micha Berger]

On Sun, Dec 24, 2017 at 02:32:45PM +0200, Marty Bluke via Avodah wrote:
: RHS in his sefer (Eretz Hatzvi) points out...
: The Gemara in Yevamos 16b brings the opinion that eved v'akum haba al bas
: yisrael havlad mamzer...
: 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

Seems to me the two opinions revolve around the kelal that only an issur
kareis can create a mamzer. (Since we hold like the chakhamim over R'
Aqiva.)

Qidushin are tofesin between two people for whom relations would be a
lav, whereas not between two people for whom relations would always be
an issur kareis. "Always" to exclude a chupas nidah, qidushin tofesin
because their relations would be permissible at some later point.

So, I would suggest that position 1 is saying that the whole question of
kareis was really just a stand-in for qiddushin tofesin, and therefore
a non-Jewish father would be in the same boat. Whereas position 2 takes
the issur qareis as the actual criterion.

: 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....

Can we extrapolate from "no bi'as issur" to no bi'ah?

Tir'u baTov!
-Micha

-- 
Micha Berger                 Time flies...
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