In the literal sense, an Agunah is a woman who is bound by marriage to a missing husband. In her husband's absence she has no marital relationship and in absence of a Get or proof of her husband's death she is forbidden to remarry. This sort of tragedy is typically brought about by war or a shipwreck where a husband is presumed dead but no confirmation of his demise exists.
In recent times, a new sort of Agunah has gained the sympathies of our communities. A woman separated from her husband with no functioning marriage wishes to get on with her life and remarry. Following the proper procedure and bringing her case before Bais Din, she finds that her husband is unwilling to cooperate. He refuses to appear before Bais Din or he ignores the ruling of Bais Din requiring him to give a Get. Bais Din may issue a Siruv (see above section) but they may not force a Get that must be given out of free will.
Unfortunately, there is a great deal of misinformation in the Jewish community regarding Agunah. Some misguided individuals have gone so far as to blame the Rabbis for the plight of these suffering women. "Why can't the Rabbis do something to help them?" Are they indifferent? Here are some facts: We strenuously maintain that even one Agunah is one too many, the suffering and pain endured by an Agunah and her family is truly heartbreaking. A husband who will purposely inflict such pain on his wife, no matter the justification, is a Rasha (wicked man), who deserves the consternation of the community. One who does so for monetary gain is a repugnant extortionist. However it is simply wrong to intimate that Rabbi's are somehow responsible. The Vaad and the Queens community at large are unwilling to tolerate recalcitrant husbands (click here to view photos of VHQ Rabbonim participating in a demonstration across the street from the home of one such individual. Also view the Cherem issued against him) However, we cannot compromise Torah law by "bending the rules" to free such women. In fact, such attempts would simply compound the tragedy by creating the potential for an "Aishes Ish"- a married woman to seek another husband with whom she would unknowingly have an adulterous relationship and potentially create "mamzerim".
Hashiva Shoftainu Kvorishona - we pray daily that G-d speedily return the Great Sanhedrin which is empowered to force the hand of a Mesarev through corporal punishment and other means unavailable to us today. May we see the suffering of the Agunah and all innocent victims of oppression be alleviated with coming of our peoples redemption speedily in our own time.
Fortunately, it should be noted, that such cases are rare. There simply is no epidemic of Agnes. However, it is in the interest of a woman whose marriage is failing to contact a Bais Din first, not a lawyer.
The following organizations may also be of help:
GET - 718-677-1033
ORA-
PO Box 928
New York, NY 10040
Phone: 646-796-4551
Fax: 646-685-2885
E-mail: info@GetORA.com
URL: www.GetORA.com
Shalom Task Force - 888-883-2323
For a more detailed treatment of this sensitive subject, the following resources are suggested:
A woman's guide to the Get process - by Rabbi M. Epstein
The Agunah & women's issues - audiotape by Rabbi Y. Frand - (tape #99) - for more info, please write to P.O. Box 511 Owings Mills, MD 21117
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