Legal Definitions - agunah

An agunah is a term in Jewish law that refers to a woman who is unable to remarry because her husband has either disappeared without definitive proof of death, or he refuses to grant her a religious divorce document, known as a get. This situation leaves her in a state of marital limbo, as she is still considered married under Jewish law but cannot move forward with her life or marry another man.

• Example 1: Sarah's husband, David, was a merchant who traveled frequently. On one of his overseas trips, his ship was lost at sea during a severe storm, and no wreckage or bodies were ever recovered. Despite extensive searches and investigations, there was no definitive proof of his death. Under Jewish law, Sarah is considered an agunah because she cannot prove her husband's death, nor can she receive a get from him, preventing her from remarrying.

• Example 2: Rachel and Michael went through a contentious civil divorce. Although their marriage was legally dissolved by the state, Michael, out of bitterness and a desire to exert control, refused to participate in the religious divorce proceedings required to issue Rachel a get. Even though she is civilly divorced, Rachel remains an agunah in Jewish law, unable to remarry within the Jewish community until Michael agrees to grant the get.

• Example 3: Leah's husband, Benjamin, suffered a severe brain injury in an accident that left him in a persistent vegetative state, completely unresponsive and unable to communicate. While he is physically present, his medical condition makes it impossible for him to consent to or participate in the process of granting Leah a get. Consequently, Leah is an agunah, trapped in a marriage that cannot be religiously dissolved due to her husband's incapacitation.