THE BAIS HAVAAD HALACHA JOURNAL: Volume 5776 Issue XXVII Tazria- Rosh Chodesh Nissan- Parshas HaChodesh CAN THE RABBIS UPROOT A MARRIAGE?- PART 2 Practical Applications of Hafka’as Kedushin. Adapted for print from a shiur delivered by Dayan Yitzhak Grossman, Dayan, Bais Havaad

The Rishonim discuss several examples from the Gemara where the Rabbis apply hafka’as kiddushin, uprooting the kiddushin. Releasing an Agunah The agunah is a woman who is anchored to her marriage. It may be a case where her husband refuses to give a get, or there is no clear proof that her husband is dead. The agunah is in limbo, without a husband and without clear permission to remarry. The Gemara1 discusses a case of a single, credible witness who presents testimony that an agunah may remarry because her husband is dead. According to the Torah, two witnesses are required in order for testimony to be accepted. However, the Rabbis are lenient in the case of an agunah. Rashi explains that Chazal allowed the testimony of one witness to uproot the marriage, by relying on hafka’as kiddushin.