Freeing an Agunah Whose Husband Denied Having Brothers

Date: Erev Shabbos Rosh Chodesh Kislev

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

A young widow became an agunah after her deceased husband's sister revealed a missing brother, despite the husband's deathbed declaration that his wife was free to remarry. The Chasam Sofer argues on multiple grounds — migo, tirutz diburei, and ein adam chotei v'lo lo — that the husband's statements suffice to permit her, and that the obligation to investigate the rumored brother in Kopenhagen does not apply given the woman's poverty and the great distance. He concludes l'halachah v'lo l'ma'aseh, requiring concurrence of two leading rabbis before she may remarry.

Source: Shu"t Chasam Sofer EH II §67

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