Religion Magazine

Aguna Released in Psak That Retroactively Cancels Marriage

By Gldmeier @gldmeier

a little while back there was a very complicated dispute that arose over a psak by a beis din in Tzfat that was reached in order to release an aguna from her situation.
The woman had been in a situation where her husband was in a vegetative state for 7 years after being involved in a car accident. In order to release her from being an aguna the beis din employed an innovative approach of saying that if the husband would know what situation his wife is in he would surely grant her the divorce papers, the get, and therefore they took the authority to release her.
The beis din published a very long psak detailing all the arguments for and against and the decision they arrived at. It became a dispute. They claimed to have support from certain rabbonim. Other rabbonim argued with the psak and eventually the quoted rav withdrew his support.
Now, another Rabbanut beis din has employed a similar approach to resolve the situation of another aguna.
Haaretz is reporting that a woman, a Miriam Katz, whose husband attempted to commit suicide and ended up in a vegetative state after he botched it. The beis din declared that the entire wedding was a "mekach taus" - a mistaken transaction from the start and she was never actually married. The basis for declaring it a mekach taus is that he was mentally disturbed and because she was not made aware of his mental situation, the marriage was based on a mistaken premise and is therefore invalid.
Supposedly this time, unlike with the beis din in Tzfat a few months ago, the beis din has the agreement of "big" haredi rabbonim in advance. The issue of keeping health issues secret, especially mental health issues, is something the has been dealt with by many rabbonim, in the Haredi rabbinate as well, and at least some say it is a reason to invalidate a marriage. We'll see as the story becomes more public whether it has that agreement or if it raises another ruckus..
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