Agunah Identification by Circumstantial Evidence Near Unidentified Body

Date: 5587

From: Rabbi Moshe Sofer

To: Bucharest

Description

A young Sephardic merchant disappeared on a business trip, and circumstantial evidence — physical description, items found near a body, and incidental testimony — was brought to establish his death. The Chasam Sofer ruled it very difficult to permit the agunah to remarry, finding that no witness had identified a living person carrying the items before reporting his death, that the physical description was not a distinctive siman, and that the evidence fell short of every required halachic standard.

Source: Shu"t Chasam Sofer EH II §145

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