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Derech Hateva 2019 Derech HaTeva A Journal of Torah and Science A Publication of Yeshiva University Stern College for Women Volume 23 2018-2019 Editors Elana Apfelbaum | Tehilla Berger Co-Editors Shani Kahan | Tamar Schwartz Cover Design Deborah Coopersmith Layout Design Shmuel Ormianer Printing Advanced Copy Center, Brooklyn, NY 11230 Acknowledgements Appreciation is expressed to Dr. Babich for developing and overseeing the publication, Derech HaTeva. A Journal of Torah and Science, to be a literary vehicle for students of Stern College for Women to utilize their dual strengths – Torah UMadda. Dr. Babich infuses his students with a passion for the Torah Umadda approach. This journal is a conduit to accomplishing just that, as throughout the research process, students feel confident to build bridges between Torah and science. Thank you, Dr. Babich, for your continuous support of us and the student body as a whole. The publication of Volume 23 of this journal was made possible thanks to the generosity of the following donors: Dr. Harvey and Mrs. Marsha Babich Rabbi Joel and Dr. Miriam Grossman Dr. Fred and Dr. Sheri (Rosenfeld) Grunseid Dr. Richard and Mrs. Helen Schwimmer Rabbi Baruch and Mrs. Rosette Solnica Torah Activities Council YU Undergraduate Admissions We thank you for making this opportunity possible. Editors: Elana Apfelbaum Tehilla Berger Co-Editors Shani Kahan Tamar Schwartz Dedication On Motzei Shabbos, October 17th 2018, our community was left bewildered as we learned about the horrific massacre in the Tree of Life Or L'Simcha congregation, Pittsburgh, PA. When eleven precious souls of our own were ruthlessly torn from our nation, in an unprecedented act of antisemitism in the United States, we can only find some sense of solace in turning to God. At the time of formatting this journal, the American Jewish community was made aware of yet another horrific shooting, this time in the Congregation Chabad synagogue, Poway, CA. On the first day of Passover, a radicalized terrorist entered the synagogue, armed with an assault-style rifle, and killed the founding member of that synagogue and wounded the rabbi of the synagogue, Yisroel Goldstein, and two congregants. Therefore, we have chosen to dedicate the 23rd volume of Derech Hateva to the Tree of Life Or L'Simcha congregation and to the Congregation Chabad synagogue. Deepest condolences go out to the families who lost loved ones and heartfelt prayers are offered for a refuah shelemah - a complete and speedy recovery - to those in- jured. We hope that in the merit of the Torah learned in preparation for this Journal, the community should find comfort, and the mem- ories of the victims should be blessed. “Some trust in chariots, and some in horses; but we will make mention of the name of the LORD our God.” (Psalms 20:8). Table of Contents Elana Apfelbaum, Reading the Fine Print: Forensic Evidence in Jewish Courts ......................................... 11 Nicole Aranoff, A Halachic Perspective of Conception after Death ............................................................ 19 Esther Butler, Editing Humanity: The Halachos of Germ-Line Engineering ............................................ 22 Deborah Coopersmith, Should We Care? A Halachic Overview on Environmental Stewardship ........ 25 Meira David, Bris and hemophilia ............................................................................................... 28 Nechama Dembitzer, Mundane or Magical: Apples in the Torah and Medicine ..................................... 31 Rachel Faiena, Familial Mediterranean Fever: The Disease and the Need for Genetic Screening ................ 34 Miriyam Goldman, His Heart Skipped a Beat: The First Abnormal Heart Rhythm in Tanach ............. 37 Michelle Hoch, A Land Flowing with Milk and Antibacterial Honey ..................................................... 39 Alexandra Huberfeld, Establishing Paternity and Maternity .................................................................... 41 Shani Kahan, Stem Cell Reasearch in Jewish Law ...................................................................................... 44 Tamara Kahn, A Halachic Perspective on Dental Implants ...................................................................... 47 Rina Krautwirth, Genetic Determinism and Free Will .............................................................................. 50 Talia Kupferman, The Miracle of Being Barren: Insight into the Prominent Barren Women of Tanach ..... 55 Lily Madeb, The Past and Future of Dental Health ................................................................................... 58 Miriam Radinsky, Halachic OCD ......................................................................................................... 61 Tamar Schwartz, Born from a Bag: The Halachic Challenges of Ectogenesis & the Artificial Womb ...... 64 Leah Shulman, The Unknown Perks of Meat and Wine .......................................................................... 68 Esther Stern, New Findings in Psychopharmacology May Impact Smoking on Yom Tov ............................. 71 Sara Verschleisser, Halachic Ramifications of Head Transplants ............................................................ 73 Dr. H. Babich, Scientific Thoughts on Specific Talmudic Passages .............................................................. 78 Reading the Fine Print: Forensic Evidence By Elana in Jewish Courts Apfelbaum In the late 20th century, a rapist turned murderer a cause of death, identify a suspect, prove or disprove terrorized Southern California. People were scared to a rape allegation, and provide information about leave their homes in fear they might be his next gunfire, such as the gun that the bullet was shot from victim. The criminal was smart in the way that he and the position in which the gunman was standing carried out his crimes, staying informed of any media [3]. Because ‘physical evidence is preferred over coverage and the overall progression of his case. He human testimony’ [4], there has been a shift towards seemingly flaunted his power over the petrified physical evidence in order to alleviate errors caused by citizens, as if he believed he would always be able to witness testimony. This movement was further evade accountability. The police even suspected that emphasized by the establishment of the Institute for he was a member of the law enforcement, but years Forensic Evidence. went by and the case remained unsolved. When DNA DNA evidence is a powerful form of identification evidence first surfaced, the police were able to because the likelihood that two people match the ascertain that this perpetrator was the same murderer same sample is minimal. Scientists look specifically at that was loose in Northern California. And, yet, they thirteen or more loci on the DNA strands where the were still not able to identify him and completely human code is known to be diverse. These areas solve the case. Only recently, through genealogical contain short-tandem repeats of genetic information, data from a family tree that his distant relative with the number of repeats varying between people. initiated, were the police able to identify the murderer Because each person receives one chromosome from as Joseph James DeAngelo and he was put on trial. each parent, he has two numbers of repeats for that They traced his DNA through the family pedigree chromosome pair [5]. The likelihood of the pair of tree and matched it to the DNA left at the crime numbers matching at all the sites to another person is scenes years ago [1]. slim, and, therefore, this technology can be relied As this case demonstrated, scientific evidence, such as upon to accurately identify and prove involvement in DNA identification, has revolutionized the entire illicit activities. judicial system. When incriminating forensic Because of the reliability of forensic evidence, it was information is presented, police are more likely to incorporated into the judicial system. The Innocence clear cases, lawyers are less likely to enter into plea Project, led by Dr. Barry Scheck, an American lawyer, bargains, and sentences are more severe [2]. This utilized DNA evidence to exonerate those that were evidence is especially helpful in cases where the wrongfully incarcerated based on faulty eyewitness possibility of solution is otherwise minimal, for testimony and misidentification. This determination instance, if suspects are not identified immediately to incorporate forensic evidence into a verdict following a crime. In fact, police generally spend a highlights the fact that DNA evidence is a crucial considerable amount of time tracking down piece of evidence that must be considered when eyewitness testimony, and their hard work does not determining one’s guilt or innocence [6]. always lead to helpful evidence. James K. Stewart, a previous director of the National Institute of Justice, Accordingly, scientific evidence is accepted, and even wrote: preferred, in secular court, but is it permissible to be used in a beit din, a religious court? Some cases… cannot be proven without forensic testimony. Others cannot be solved without it, The Torah formulated specific guidelines to define and even those cases where a suspect is quickly that which is considered to be incriminating arrested are more likely to be solved when testimony, stating that the testimony of two witnesses eyewitness testimony or confessions are is established as fact in the eyes of Jewish law supported by forensic findings [2]. (halacha). This legal
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