Page 130 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A

Pg: 130 - 5-Back 21-10-31

“However, since there are two reasons for assuming that a child is
its father’s child: 1. most cohabitations are with the husband and 2. in
regard to the mother too, there is a presumption of righteous, chaste
conduct [See Tosfos, Chullin 11b, s.v. kegone], we should again say that
even though this contradicts a majority [whereby a child’s blood type
is identical to its parents’], we assume the child is its father’s because
of the presumption of the mother’s righteous conduct. This yields a
novel halachic conclusion, namely that if the mother conducts herself
in a way that precludes her having a presumption of righteousness a
test result showing that the child’s blood type differs from that of the
parents, will place the child’s paternity in doubt.”

After further discussion the beis din considers the Maharsha’s
comments in Chullin (ibid.). The Maharsha explains that according
to the gemara’s conclusion a child cannot be assumed to be its fa-
ther’s based on presumption of the mother’s righteousness, for she
may have been raped. Thus, even when the mother can be presumed
righteous a test result indicating a difference between the blood types
of child and parents will put the child’s paternity in doubt since the
child cannot be assumed to be its father’s solely on account of the
presumption of the mother’s righteousness.

In conclusion, the beis din determines that since blood testing is a
novel phenomenon that has not been fully investigated and has not
been considered by the poskim, it would not adopt a final position
on the question of the child’s kashrus. Thus far we have cited the beis
din’s deliberations.

The Chasam Sofer’s comments (in his chiddushim on Shabbos 86a,
s.v. ve’im timtze lomar) should also be noted. He points to the ge-
mara’s statement, “Non- Jews’ bodies are heated” as evidence that the
physiology of a Jewish body differs from that of a non-Jewish one and
that statistics gleaned from studying non-Jews are not reliable in rela-
tion to the physiology of Jews.3 The Chazon Ish writes similarly that a
non-Jewish woman in whom intercourse usually causes bleeding who

3. See further discussion of his opinion in Teshuvos Even Ha’ezer, Vol. 2, end of
siman 61.

114 1 Medical-Halachic Responsa of Rav Zilberstein