Ros. Responsa 29 c

Ros. Responsa 29 c

Paternity

1941

Bibliotheca Rosenthaliana

Aharon (Aron) Schuster

Schuster

Even Ha'Ezer

TRUE

The status of a second child from a dubious marriage between a deaf man and a normal woman, for whom the man denies he is the father.

A young deaf man slept with a normal girl and became pregnant. And because he wanted to marry her properly before she gave birth, he approached a friend who arranged for a marriage ceremony. And because they were afraid they did not include in the Ketuba the name of the place, but instead a city in another country. After some time they came to a third country where they had a civil marriage. And they came to ask the Bet Din if the Jewish marriage was proper or not. And the head of the Bet Din asked them details about the marriage and they said that they knew the person who married them was an upright and reliable person, but they did not know if he was a properly ordained rabbi. They also did not know whether the witnesses were proper. After some months the woman had a second child and the man came and said that the child is not his, but somebody else's whom his wife slept with, and now the question is about the status of the second child.