JHM Responsa 11 d

JHM Responsa 11 d

Agunah

V1306D

1935-12-26

Ets Haim – Livraria Montezinos, Foundation Stichting Cultureel Erfgoed Portugees-Israëlietische Gemeente.
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Joseph v David d'Ancona

d'Ancona

Even Ha'Ezer

TRUE

The status of a woman whose husband is allegedly dead based on questionable evidence

Two gentlemen from The Hague, Ruben ben Isaak and Shimon ben Yaakov, went to Germany on business and when they arrived they went their separate ways. After a few days a rumor spread that Shimon ran into trouble with the law, and that for sure they will sentence him to death. Upon hearing the rumor Ruben went to the city where Shimon was being held in order to save him, but when he came to argue in front of the judges, they told him that he had wasted his time as Shimon had been sentenced to death, and was killed a few days ago. To prove their claim, the guards showed Ruben Shimon's T’fillin which they had found amongst his belongings. At that time, a business letter arrived to merchants in The Hague from non-Jewish merchants in that city, which in passing mentioned "if they already knew about a Jewish man who was killed by the name of Shimon ben Yaakov who previously lived in your city". But the merchants in The Hague did not mention this to anyone, as they did not want to bear bad news to Shimon's household. However, when Ruben returned from Germany and mentioned to the merchants what had happened to him and his friend, they showed him the letter to back up his story. And now the question is whether Shimon's wife is allowed to remarry.

The conclusion is that the wife of Shimon is allowed to remarry, so it seems to me, but in any case because of the seriousness of the matter it is best that the Haham Hamoré ask for the opinion of other rabbis.