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Takanas Agunah, a Psak of the holy Gaon HaNesher HaGadol Rabbi Nosson Adler of Frankfurt, in his lifetime. Scribal script from ca. 1790.
The Takana is a responsum pertaining to the Siddur Kiddushin of a bridegroom whose brother disappeared yet it is uncertain whether he passed away and the Beis Din was trying to find a Heter for his bride, if G-d forbid he dies without offspring, so that she will not remain an Agunah. Uncommonly, it is written that the version and the entire Psak is "with the consent of the Gaon Rabbi Nosson Adler". Handwritten before the year of his passing in 1800.
"We have instructed with the consent of the great Gaon Rabbi Nosson ben Rabbi Shimo Adler Katz of Frankfurt am Main that the Kiddushin and marriage be … conditional". Takana for the marriage of a couple, the bridegroom’s brother having disappeared fifteen years earlier without leaving a trace, for preventing the bride from becoming an Agunah if she is widowed without having offspring.
The holy Gaon HaNesher HaGadol Rabbi Nosson Hacohen Adler [passed away in 1800] already as a child was renowned as gifted and a rare genius with a tendency to adopt customs of Kedusha and Prishus. Rabbeinu the Chida said that the verse "הנה נא ידעתי כי איש אלקים קדוש הוא עובר עלינו תמיד" refers to him. The leading Rav of Maran the Chasam Sofer, who titled him "החסיד שבכהונה". The Chasam Sofer also said of him that he was in the level of "ותחסרהו מעט מאלקים".
Was the first to permit the adoption of the Sephard vesrion, which is close to the version of the Ari. A Divine Kabbalist and renowned wonder-worker.
[2] leaves, 35 cm. 35 and 39 handwritten lines. These documents detail many Syagim to this Heter. The issue of conditional Kiddushin and marriage and its limitations was discussed in Shut Or HaNe’elam (Karlsruhe, 1765) Simanim 30-31 and in Sefer Ein Tnai BaNissu’in (Vilna, 1930).
Wear along the fold lines which has been restored, stains, fair-good condition.
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