Identifying Decapitated Bodies to Permit an Agunah to Remarry

Date: 6 Tishrei 5579

From: Rabbi Moshe Sofer

To: Palanka

Description

The Chasam Sofer analyzes whether the wife of Machel Katz may remarry based on testimony identifying headless, decomposed bodies found near their wagon, horse, garments, and passports. Drawing on a fresh reading of Rabbeinu Tam's Sefer HaYashar, he argues that tevi'as ayin of the body suffices even without the head, and combines this with the clothing identification, the passport evidence, three years of total disappearance, and the availability of modern postal service. He inclines toward permitting the wife but declines to rule alone, requiring a second qualified scholar to concur.

Source: Shu"t Chasam Sofer EH I §53

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