Father's Retraction of Denial of Paternity via Amtala

From: Rabbi Akiva Eiger

To: Berlin

Description

A man who denied paternity of a child but later married the mother and circumcised the son sought to retract his denial via amtala. Rabbi Akiva Eiger leans toward permitting the marriage to continue, reasoning that the prohibition of meinekes/me'uberes chaveiro is Rabbinic and amtala is more readily accepted in Rabbinic matters, and that the Rema (EH 4:9) explicitly credits a father's amtala in mamzeirus cases. He qualifies his ruling with tzarich iyun l'dina, noting unresolved questions about whether the initial denial before a Beis Din constituted irretractable testimony under the yakir framework.

Source: Shu"t Rabbi Akiva Eiger §110

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