Translated by GEMINI AI
DNA Evidence to Permit *Agunot*
*Excerpt from an article on Din.org.il, shared in memory of Rabbi Zalman Nechemia Goldberg zt”l.*
The tragic collapse of the Twin Towers and the instantaneous death of thousands presented rabbis worldwide with weightier-than-ever questions regarding the wives of men killed in the fire. Among those who perished in the towers were several men whose bodies were never identified, but whose DNA traces were found among the debris. The question was thus raised: Is it possible to permit the remarriage of the wives of these individuals based on DNA evidence?
The Halakhic Framework for Identification
When a person’s body is found intact within three days of their presumed death, the *Shulchan Aruch* (*Even HaEzer* 17:24-26) rules that the individual can be identified if the face (including the nose) is undamaged. In the absence of an intact face, one may rely on “signs” (*simanim*) to identify the body. Specifically, a “**highly distinctive sign**” (*siman muvhak beyoter*) is required to permit a man’s wife to remarry based on identification marks.
The *Beit Shmuel* (17:72) and the *Aruch HaShulchan* (17:172) cite the *Responsa Masat Binyamin* (Section 63), which establishes the criterion for a “highly distinctive sign” as something found in “**one in a thousand**.” If a mark appears in only one out of a thousand people (or fewer), it is considered distinctive enough to be relied upon for identification. Regarding lesser (“medium”) signs, some *poskim* (halakhic decisors) agree to permit remarriage based on a combination of two signs, or a sign combined with additional circumstantial evidence (*raglayim ladavar*; see *Pitchei Teshuva*, *Even HaEzer* 17:106; *Aruch HaShulchan* 17:172; *Responsa Ein Yitzchak* Vol. 1, Section 20).
Rabbinic Opinions on DNA
Regarding DNA evidence, **Rabbi Wosner** ruled (in the aforementioned article) that DNA evidence should only be accepted as a “medium sign,” meaning a person can be permitted based on DNA only when combined with other evidence. Rabbi Wosner emphasized that DNA sourced from the missing person himself (such as hair from a brush or saliva from a toothbrush) is superior to DNA compared against relatives.
Conversely, **Rabbi Zalman Nechemia Goldberg** (who wrote extensively on this; see *Kol Zvi, Yevamot*, Torah insights regarding the Twin Towers) concludes that DNA evidence is considered a “**highly distinctive sign**.” He reasons that the probability of error is infinitesimal—ranging from one in a billion to one in a quintillion — which far exceeds the standard set by the *Masat Binyamin*. Rabbi Goldberg compares DNA evidence to the ruling of the *Responsa Ein Yitzchak* (Section 31), which states that a woman may be permitted to remarry based on a photograph of the missing person.
It should also be noted that **Rabbi Shlomo Zalman Auerbach zt”l** (as cited in *Nishmat Avraham* 1, 31) reportedly held that DNA evidence could be relied upon as absolute proof in all areas of Halakha.
Relying on Authorities Regarding DNA Evidence
We previously mentioned the hesitation of some decisors to rely on DNA regarding matters of *mamzerut* (illegitimacy) due to a lack of “halakhic reliability” (*ne’emanut*) of the technicians and lab workers performing the tests.
However, regarding the release of *agunot* (women anchored in marriage), many decisors agree that DNA tests should be relied upon without such concerns. The reason is that in the context of *agunot*, the law states that one may even rely on the testimony of non-Jews to free a woman from the chains of her “anchored” status.
* **Responsa Be’er Yitzchak (Section 27):** Permitted relying on secular authorities regarding testimony for an *agunah*.
* **Responsa Igrot Moshe (EH Vol. 1, Section 48):** Rabbi Moshe Feinstein relied on the testimony of the U.S. Department of Defense regarding a missing man whose plane crashed into the sea during WWII.
Regarding the Twin Towers, Rabbi Zalman Nechemia Goldberg ruled in a similar spirit that one can rely on an airline’s testimony that a missing husband was present on one of the planes that hit the towers. He added that the airline has a clear interest in maintaining its reputation and thus can be trusted halakhically. Furthermore, he noted there is no reason for the airline to lie, as such an admission only exposes them to potential liability for the passenger’s death.
Based on the above, the **Beth Din of America** relied (in part) on DNA testing performed by U.S. health authorities to permit the wives of missing husbands to remarry.