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Nedarim 64b relates of the Gemara: "it was taught in a baraita: Four are considered as if they were dead: A pauper, and a leper, and a blind person, and one who has no children."

Could one make an argument for a woman who wants out of her marriage that if her husband has become any of those four, it is as if he had died and therefore she is not an aguna?

Or, since a woman is entitled to a divorce if her husband cannot maintain her (i:e; a pauper, plus Ketubot 48a:1-13 states that "she ascends with him to his social status and does not descend with him") or give her children, then do we say that the middle two likewise automatically entitle her to divorce (since a leper might be repulsive to his wife and a blind man might also not be able to maintain her)?

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    Being entitled to a divorce implies she's still married.
    – shmosel
    Commented Apr 11, 2023 at 1:37
  • Hence the 'Or' bit at the beginning of that section. As in 'or, if he isn't counted as dead, but rather she is still married, then...' etc
    – ANH
    Commented Apr 11, 2023 at 1:43
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    See the Mishnah and Tosefta of Kesubos 7:10
    – שלום
    Commented Apr 11, 2023 at 2:06
  • Thankyou. That explains for the leprosy, but I'm not seeing the blindness discussed?
    – ANH
    Commented Apr 11, 2023 at 2:08
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    It's very clever but I think it's "too clever by half." Clearly those people are not actually dead. Would you argue that killing a poor person isn't murder (since he's already dead)? Can a childless person count for a minyan? There are many other gemaras that say someone who X is "not really alive" or that X is like murder. See Pesachim 113a. Those are not legal realities.
    – Avraham
    Commented Apr 11, 2023 at 10:36

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