There is no greater mitzvah than trying to find a way, within the halachic system, to free the agunah, a woman who is “chained” to her marriage. 

When rabbis try to resolve agunah cases, they face challenges. Sometimes the challenges are circumstantial, other times they are halachic. And in some situations, politics is the great impediment. Such was the sad story of the agunah of Odessa in 1884.

After 36-year-old Michel Alter Genner died of typhus, his young wife Sarah started to rebuild her life. A local rabbi informed her that since the couple was childless, she was required to perform chalitzah – a ritual that involves the taking off of a brother-in-law’s shoe by the widow, through which she becomes free to marry whomever she desires – before she could marry anyone else.

After some research, it became clear that Alter Genner had a brother, Philip Duptchak, a Christian convert. Sarah turned to the local preacher and the official rabbi of the town, Rabbi Shimon Aryeh Schwabacher, for help. The rabbi contacted Duptchak, who in turn informed Rabbi Schwabacher that he could not participate in a Jewish ritual without permission from the Russian Orthodox Church, who told Rabbi Schwabacher that since Duptchak was now a practising Christian he could not perform any ritual associated with another faith. 

Rabbi Schwabacher next turned to the learned Rabbi Avraham Yoel Abelson, who was living temporarily in Odessa. Rabbi Abelson ruled that Sarah was free to marry without a chalitzah. He based his reasoning on a minority Jewish opinion that the rule does not exist when the living brother is an apostate. In addition, since at the time of marriage Sarah made it clear that she did not want to enter into the relationship with her husband if indeed he had a brother who was an apostate, the marriage was a “mistaken acquisition” and retroactively null and void.

Rabbi Abelson recognized that his ruling was a novelty and sent it to other great scholars for concurrence. The most recognized was the rabbi of Kovno, Rabbi Yitzchak Elchanan Spektor, considered the preeminent halachic authority of his time. In late 1885, Rabbi Abelson informed Rabbi Schwabacher that he had received several letters from prominent rabbis, including Rabbi Spektor, agreeing with his ruling. It seemed Sarah Genner would now be free to remarry. 

Although Rabbi Schwabacher was the official rabbi in Odessa, he was viewed with skepticism by the more traditional elements in town. And when they got word of the lenient ruling, they claimed that prior to Rabbi Schwabacher’s involvement they had made contact with Duptchak. They claimed he was willing to perform the chalitzah if paid appropriately. 

As a result, letters were sent from a group of rabbis in Odessa to all the great rabbis who agreed with Rabbi Abelson, demanding that they retract their decision. Based on published letters sent back to Odessa from rabbis responding to this group, it seems several threats, including financial repercussions, were issued as well. Sources indicate that Rabbi Abelson suffered verbal and even physical abuse from the parties who were against him. Yet the most significant blow to his cause was a letter of retraction from Rabbi Spektor.

Rabbi Schwabacher, in his capacity as the official rabbi, permitted Sarah Genner to remarry without a chalitzah. The dissenting rabbis reacted by declaring publicly in the synagogues of the town that according to Jewish law Sarah was prohibited from marrying. The saga continued, with the differing rabbis being charged in court, and found guilty, for proclaiming a ruling against Rabbi Schwabacher.

Reviewing sad chapters in our history serve no purpose if we do not learn from them. By looking back at the fights of our past, hopefully we can inspire ourselves not to repeat them. 

Rabbi Yirmiya Milevsky is the spiritual leader of Congregation B’nai Torah in Toronto.