Bais Din Hagadol: No DNA Testing Required


Seven years ago, the nephews of a deceased Uruguayan Jew told a beis din that he was childless and received his inheritance. Three years later, a man appeared in beis din and claimed to be the deceased’s son. The Haifa Beis Din examined his claim in great depth and concluded that he was indeed telling the truth.

The cousins appealed the Haifa decision in the Yerushalayim’s Beis Din of Appeals. Arguing that the self-claimed heir was a fake who had no contact with the deceased or his wife for thirty years and was not present at the levayah, they demanded a DNA test to reveal the truth. Two members of the beis din argued that the thorough investigations already conducted made any more tests superfluous. The third dayan, Rav Eliezer Igra, argued that due to modern advancements in DNA testing, such a test would provide incontrovertible evidence of the truth and should be used.

The psak followed the majority opinion. At a subsequent appeal in Israel’s Supreme Court, Justice Manny Mazuz took the beis din’s side, writing: “The Beis Din Hagadol explained in detail how the dayonim operated to reach a correct decision and there is no sign in their mode of operation of any defect in the principles of natural justice.”

{ Israel News}


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