Ros. Responsa 23 c

Ros. Responsa 23 c

Paternity

1931

Bibliotheca Rosenthaliana

Benjamin (Ben) de Vries

de Vries

Even Ha'Ezer

FALSE

The status of a child born while her husband was in jail and escaped for a few days. She claims he came home and slept with her. He claims he went elsewhere.

A woman whose husband was in jail for some years gave birth to a son during that time. And now there was a rumour that she transgressed Jewish law, and it was a rumour that would not stop, that single men of low moral stature would come and go in her house and as a result the Bet Din sent people to ask her what is the status of the child. she responded that he was a legitimate child, it was 7 months ago that my husband escaped from jail and came to me that night, and if you look into this you will find that on that night I became pregnant for seven months later I gave birth to a son. And after they asked her husband about the matter and he told them that "the story is true that I escaped in those days that my wife was talking about but it is not true that I slept with her for on the contrary I did not want to go to my house in fear that they would look for me at my home and catch me. The truth is that they caught me after 3 days in another city at the house of my sister and her husband where I was hiding. And they will bear witness that it was so, that I was and stayed in their house all the 3 days, night and day. " They also spoke to the non-Jewish midwife who helped give birth to the child and according to her testimony the child was not born after 7 months but after 9 months. And even so, the wife stood by her testimony, and said that it is only because her husband hates her that he is saying what he said. For he also suspects me that I was sleeping around for he also believes the false rumours about me . Also the midwife answered lies for she paid no attention to me, not during my pregnancy and not during my birth. She hardly looked at the child in her quick coming and goings. And now the Bet Din has to decide.