Please use this identifier to cite or link to this item:
https://hdl.handle.net/20.500.12202/10028
Title: | Validity of DNA evidence for purposes of Halakhah (part 2) |
Authors: | Bleich, J. David Rabbi Joseph Cohen |
Keywords: | Deoxyribonucleic (DNA) evidence Agunah identification simanim muvhakim (identification marks) facial feature recognition (tevi’ut ayin) fingerprint evidence Jewish law |
Issue Date: | 2019 |
Publisher: | Rabbinical Council of America (RCA) |
Citation: | Bleich, J. D. (2019). Validity of DNA evidence for purposes of Halakhah (part 2). Tradition, 52(1), 96-127. |
Series/Report no.: | Tradition: A Journal of Orthodox Jewish Thought;52(1) |
Abstract: | A conclusion of that nature does not have the immediacy of tevi’ut ayin. It does arise from the tevi’ut ayin that establishes the commonality of a certain number of alleles. However, since such comparison is analogous to comparing half a countenance with half a countenance that comparison, in itself, proves nothing. However, refl ection upon the number of alleles perceived to be shared in the context of known patterns of genetic behavior allows reason to make certain deductions. Those conclusions are logically deduced from the laws of nature governing genetic transmission. The result is a form of deductive evidence based upon established laws of nature that Tosafot declare to be recognized by Halakhah as universal truths for all purposes. If so, DNA evidence in instances of DNA comparison of samples derived from different individuals, although it is not valid as a simple form of tevi’ut ayin, serves as the basis for applying deductive reasoning brought to bear upon information gleaned by tevi’ut ayin. (from Conclusion) |
Description: | Scholarly article / Open access |
URI: | https://traditiononline.org/survey-of-recent-halakhic-literature-validity-of-dna-evidence-for-halakhic-purposes-part-2-agunah/ https://hdl.handle.net/20.500.12202/10028 |
ISSN: | 0041-0608; 2768-023 |
Appears in Collections: | Benjamin N. Cardozo School of Law: Faculty Publications |
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