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The Shulchan Aruch (Even Haezer 17) says that, Rabbinically, we are not able to rely on rov (indication based on majority) as proof of a husband’s death so that his wife can remarry. For example, one who was known to have been on a ship that sunk in water "whose ends cannot be seen" and was not found thereafter cannot be presumed dead, even though a majority of people who are in such a situation and are not heard from are dead (see Yevamot 121a). However, it is possible to rely on a siman muvhak (a particularly convincing sign) to permit the wife. For example, if an otherwise unrecognizable body was found on shore near the shipwreck with six fingers on its hand, when the husband had six fingers, we can permit the presumed widow to remarry (Shulchan Aruch ibid. 24). Most contemporary poskim rule that one can rely on identification based on DNA of a deceased who was found, a fact that was used in permitting some of the widows of the Twin Towers.
Regarding determining one’s status as a Jew, it is possible to rely on rov (see Pesachim 3b and Yevamot 47a and Tosafot ad loc.). Thus, by comparison, it is clear that one is allowed to rely on a siman muvhak for determining Jewish status. If it is possible to say that the mtDNA test is a reliable indicator of matrilineal Jewish descent or at least a strong rov, then it would be possible to halachically rely upon it, if the check is done by a reputable genealogical laboratory.
We have been working hard, in partnership with an important beit din in the F.S.U. and with leading scientists, to research the evidence on this matter intensively and responsibly. If we determine that the answer is affirmative, we will call upon leading halachic authorities and the Chief Rabbinate of Israel to call upon the Israeli government to turn the implementation of this research into a national project. As stated, this would be able to help many (from within a group of 300,000 to 500,000) with no other evidence, or at least with some but insufficient, halachically recognized evidence of their Jewishness.
Let us pray that we will be successful in helping in this painful issue.
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
