Religion Magazine

Interesting Psak: a Modern Day Baby of King Solomon

By Gldmeier @gldmeier
Behadrei is reporting on an interesting case that came before the beis din in Beer Sheva.
The case had the potential to be tragic, thankfully was resolved positively, and I wish they would have given us a few more details about the resolution.
A married couple went before the beis din to get divorced. Fine. It happens. They got the divorce. As always, the beis din warned the woman to not be with another man for 90 days, as the halacha requires, so as to avoid a situation of her potentially getting pregnant and it not being clear if the baby is the child of the first husband or the second, which would cause problems later down the road when it would be time for the child to marry.
It seems that the woman did not heed the instructions. She came back before the beis din with a baby in hand saying the baby was born exactly 9 months from the day of the divorce. She is claiming the baby as the child of her new husband/partner, and wanted the baby to be registered as their child. This is a big problem. Halachically it is not clear who is the father, and the 3 month waiting period is meant to avoid such situations.
Upon the direction of the Attorney General of Israel, the beis din appointed a special team of dayanim for determining issues of "yuchsin", headed by the Av Beis Din Rav Yehuda Deri to investigate the matter and come to a decision.
The beis din headed by Rav Deri determined and paskened that despite the fact that the woman did not wait the necessary 3 months, the child is the child of the mother and the second husband, and is kosher to marry as any other kosher Jew, even to a kohen.
That is all the info given, and it is definitely an interesting psak. I would like to know if they used paternity tests, and if such tests can help make a halachic determination. Presumably they investigated when she had been last with her first husband and surely must have found compelling witness to whatever was discovered. I wonder what other considerations were involved in determining this matter. 
Had he had any difficulty coming to a conclusion, he could have used the solution used by King Solomon when he offered to cut the baby in half and split it between the two parents as a way of determining who the real parent is. The problem is that in King Solomon's case it was  a dispute between mothers. The women really knew which carried the baby for 9 months and which was just claiming to do so, and one had emotional ties to the baby. In this case it is the father under dispute, and they have no real way to know which is actually the father, except by external factors...
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