Agonut Part I Dayan Shlomo Cohen(Vol11num3)

Agonut Part I Dayan Shlomo Cohen The word agunah comes from the root word her will. Jews. Some opinions ﬆate that the cherem ogun-an anchor, something that holds the doesn’t apply anymore because Rabbeinu ship back. This is how we would define an The Shulchan Aruch in halachot p’ria v’rivia Gershom only made the gezeira until the end agunah, someone who is held back. She is a tells us that a man can in fact marry a number of the fifth thousand year. However, all agree chained woman who cannot marry someone of wives but he has to be able to financially that whatever has turned into cuﬆomary else because her husband does not want to support them. The sages advised that a behavior obligates everyone and therefore the give her a divorce. Either he is ﬆubborn or he person shouldn’t marry more than four wives. cherem is ﬆill valid. If the wife had an accident disappeared and there is no definite evidence In a place where the cuﬆom is to marry one and is not mentally capable to accept a get or that he’s dead. The woman is prevented from wife, one may not marry another wife. Today will not cooperate for some reason, the remarrying until there’s definite proof that the every civilized country has laws againﬆ husband is an aguna, a chained man, unable husband died. This can happen to a man as polygomy. The opinion of the Shulchan Aruch to marry someone else. However, he can get a well as to a woman. Rabbeinu Gershom, one is that dinei d’malchusa dina pertains only to Heter Meah Rabbanim, 100 Rabbis, some say of the firﬆ Rishonim, made two cheirimim things between the person and the adminiﬆra- from three communities or three different threats of excommunication. Some say it only tion. Disputes between two Jews are settled countries, sign allowing the husband to marry applies to Ashkenazim but everyone has the according to Jewish law. However Jewish law a second wife. This heter is subject to the law cuﬆom to follow it. The firﬆ cherem is that is affected by cuﬆom and according to the of the land and where applicable one would one may not marry two wives. The second Rama dinei d’malchusa does not only pertain need to get permission from the courts as well. cherem, inﬆituted to enforce the firﬆ cherem, to things between the person and the adminis- is that one cannot divorce one’s wife againﬆ tration but also to anything that affects two visit us online at: www.naaleh.com | For questions or comments please email [email protected] Agonut Part II Dayan Shlomo Cohen According to halacha, a get has to be given Recently it has become more accepted for an important beit din. According to the willingly. There is a very fine line between couples to sign a prenuptial agreement. Each Shulchan Aruch, this avoids the problems of pressuring a husband and not getting into a side obligates themselves that in the event the asmachta. Other opinions hold that there’s situation where the get is considered having they need to divorce, they will cooperate with no problem. It’s a financial obligation meant to been given under duress. Only respected, giving a get within 30 days. For every month push the other side to give a get. It’s experienced, Rabbis can decide that. that goes by that one side is not cooperating, something that both parties obligate In Israel, there is no separation between that side muﬆ pay a sum of money to the other themselves to do as they realize it’s an religion and ﬆate. All laws of marriage and side. The obligation to pay the money is an important thing. Therefore, even if one didn’t divorce are dealt with by the religious courts. asmachta. If something happens in the future, do the siluk asmachta, there are opinions that If a beit din in Israel has decided that a couple one is obligating oneself to pay. This is not like hold that it’s ﬆill valid. muﬆ divorce, they have the power to force the a normal condition which says- “If I sell you husband to divorce his wife. If he refuses, something and then something happens, the The main problem of aguna is when the they can take away his driver’s license, contractual obligation becomes invalid.” An husband is missing and there’s no dead body government aid, government job, and asmachta says, if something happens in the or any other evidence to know what happened passport. He can eventually end up in prison future, then an obligation will be created. to him. Where the body is unrecognizable, until he gives a get. Outside Israel, because There is a problem of gemirat daat, if a definite DNA on its own is not proof enough that the of the separation of religion and ﬆate it can be decision was made that one is prepared to husband is dead because of shortcomings in more difficult. In England, the courts are very take upon oneself this obligation. Therefore, in the identification process. The beit din will cooperative with the beit din and they do use order that the agreement should be valid, it need to know the quality of the sample taken sanctions to force a husband to give a get. In should include a siluk asmachta to prevent the and the probability that there is a 98% match. the U.S., there’s less cooperation and its more problem of an asmachta. This proves that both According to that, they will then render a of a problem there to force the husband to sides have a definite intention to obligate decision. Very often the batei dinim will use give a get. themselves, although it’s a future obligation. DNA together with other evidence to help solve The agreement is worded that it was agreed in the problem of the aguna. visit us online at: www.naaleh.com | For questions or comments please email [email protected] Agonut Part III Dayan Shlomo Cohen The following are cases where the issue of were captured? Although the Egyptians may shouldn’t have done. agunot arose. When the Titanic ship went have given over liﬆs of captives, the fact that down, there were a lot of Jewish people on someone’s name wasn’t on the liﬆ doesn’t The Shulchan Aruch writes, based on the board. Moﬆ of the bodies were never mean he died. Until there is a peace treaty, Gemara, that if you see someone drown in an recovered. Can we presume the husbands you can’t truﬆ any information you get from the open sea, you cannot teﬆify that the person is died? When the World Trade Center fell on enemy. If someone fell on the battlefield, those dead. The fact that you saw him go down, 9/11, not all the bodies were recovered. around him cannot teﬆify that he died. doesn’t mean he didn’t come up. If it was a Anyone in the building above the floors were Perhaps they were confused and did not lake where you can see the land all around the planes hit, we assume died. But what underﬆand clearly what was going on. and you didn’t see him come up, you can be about those who were on lower floors? sure he’s dead and you can teﬆify to that. Beit Determining the ﬆatus of an agunah is a din would then allow his wife to get married. A British businessman was in Manhattan on serious matter. If the wife thinks her husband The Gemara brings a case of a person that the morning of 9/11 and someone told him to is dead and remarries, and then the firﬆ went under water in a lake in a place where visit the WTC. He was never heard from husband comes back, any children she has one could see the land. For three days he again. There were people who loﬆ their with the second husband are considered didn’t come up, but then he did. He may have memory and were found months afterwards in mamzerim on a d’royasa level. It’s a tragic been caught in an air pocket that allowed him hospitals on the other side of New York. How situation as they cannot marry anyone apart to survive. The Gemara learns that before can we know if the husband is ﬆill alive from another mamzer. If she goes back to her deciding if a person in fact died, one should somewhere? Juﬆ the fact that we haven’t firﬆ husband and has children, they too are wait a little while. If the vaﬆ majority of people heard from him, is that enough of a proof to mamzeirim but on a d’rabanun level. A in that situation would have died, it is ﬆill not allow the wife to remarry? How long can we mamzer d’rabanun cannot marry a mamzer enough proof to allow the wife to get wait before we allow the wife to remarry? d’orayasa and cannot marry anyone else remarried. Although usually in halacha we go because any offspring would be considered after majority, in the case of the agunah, trei In the Yom Kippur War, many soldiers mamzeirim. The woman loses her ketuba from ruba, two majorities are needed. disappeared. How do we know if they died or both husbands because she did what she visit us online at: www.naaleh.com | For questions or comments please email [email protected].

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