- This topic has 11 replies, 10 voices, and was last updated 2 years, 6 months ago by .
-
Posts
-
Why didn’t he instead simply order a DNA test?
ממון המוטל בספק יחלקו
Most poskim do not admit blood tests as evidence that a husband is not the father of his wife’s children and cause mamzerus issues. I have no idea where the fathers were (or weren’t) in the story but one of them probably objected. Particularly if you understand that the Posuk calling the women zonos is to be understood with the usual meaning.
According to the other opinion mentioned in Chazal that they were mother in law and daughter in law pair , both husbands were dead and it was a question of the DIL doing Yibum. If so what would a DNA test have helped? Either way it would show relationship with the MIL . She was either the baby’s mother or grandmother. (the MIL was in fact the actual mother)
Why did he not discern from their argument who the real mother is? One said the live one is mine (indicating that she wants it), the dead is yours and the other did not say the same thing but the opposite, the dead is yours (indicating that if I cannot have it, you should not have it either) and the live one is mine. Obviously the first one is the real mother.
There is an interesting story from the German author, Bertolt Brecht called The Chalk Circle. Two women claimed that an older girl belonged to them. The judge ruled to draw a circle and then place the girl in it. The two women will hold the girls hand on either side of the circle. The idea was that the real mother will pull stronger to pull her out of the circle. What really happened is that one of the women let go in order not to harm her by pulling her apart. The judge ruled that this was the real mother.Why are you assuming that he forgot his login to the national yichus registry?
It was about Yibum so there was a lot ridin on it. If it was declared hers she provided a son and she was free to remarry. If it Was her mother in laws. It is was her dead husband’s brother and she would have to wait 13 years til he was old enough to do Yibum to remarry
Wrong he never cut them he “said he will” as a mashel
I saw in meforshim that Shlomoh Hamelech understood from the way they spoke (one saying “It is mine,” the other saying “It is not yours”) to whom the baby belonged, and did the test only to show the people there who the baby belonged to. I believe I saw this in the Maayanai Shel Torah some 40 years ago.
If there had been DNA tests, or even blood tests (assuming the father was known), the event wouldn’t have happened.
In the case of a baby mix-up (they do happen, now and then), there is no halachic issue in using scientific testing (note, this would be “maternity” testing). For other matters such as paternity testing (to determine if the child is a mamzer) there would be issues. To determine Jewishness (Yichus), other than by confirming the mother-child relationship, it would be very problematic.
The Malbim describes that Shlomo Hamelech had an inkling from their argument.
Do שדים have dna?
he wanted to save the lab fee for doing the test.
Seriously speaking, the ‘mother’ would just claim that the DNA test results were rigged, like the election results. He wanted to be able to prove it to the lady herself in front of everyone.
- You must be logged in to reply to this topic.