TTfT 0907, Sometimes in contemporary language we use the word Agunah and are good of referring to a man who is being very difficult with his already separated wife. They are already living separately and he is just being difficult and is not giving a Get. The classic case of Agunah, however, deals with two people, a married couple, who never meant anyone any ill. But he disappears and is gone for so long that is presumed dead but we can’t quite prove it. That is the case that we will be discussing here.

The woman is left as an ongoing Agunah; she is still connected to her husband Halacha and ethically until we can prove otherwise. In such a case there are significant leniencies in proving that the husband is dead. For example, we don’t require two full-fledged witnesses to stand up to major cross-examination the way we would require in other areas of Halacha where we try to prove things definitively. For example, in cases of capital punishment we would cross-examine the witnesses extensively. Also, we would only accept two halachicly valid witnesses.

In the case of Agunah, however, in consideration of her plight and in recognition that “Isha Dayka Uminsiva- A woman will check deeply into the accuracy of the report before remarrying,” because she realizes that there is a tremendous tragedy that could result if it turns out her husband is really alive. Imagine if he shows up in town very much alive and she has already gotten married to somebody in the interim thinking he was dead. The law comes down very hard on her in such a case. She would be forbidden to both men, and the children from the second man are going to be mamzeirim. Specifically because it so serious we’re confident that she’s going to act with responsibility and therefore there are degrees of leniency regarding how much proof is required for her to remarry.