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10 Shevat 5762 - January 23, 2002 | Mordecai Plaut, director Published Weekly
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NEWS
Avrohom Nesanel Illovitz Brought to Rest After WTC Tragedy
by A. Cohen

At Ground Zero, the site of the World Trade Center collapse, the search for bodies continues. R' Avrohom Nesanel Illovitz z'l was found under the rubble of the World Trade Center and buried last week in the chareidi cemetery in Queens following a large funeral procession.

R' Illovitz worked as an insurance agent in the World Trade Center buildings. Apparently he tried to flee before the towers collapsed and was caught on one of the lower floors of the building when it came crashing down.

Last Wednesday search teams working at the site reached the layer where many of the victims of the attack lie buried, including Mr. Illovitz, who was a regular mispalel at the Sephardic Shul in Boro Park.

Many Boro Park residents were present at the levaya on Thursday, during which they recalled his activities in support of the organization that sponsors shiurei Torah at the Sephardic Shul, working to increase the number of participants in the shiurim.

Public officials say that as search teams reach the lower levels of the buildings, they are expecting to find the bodies of many people still reported missing who were trapped on the bottom and basement floors when the immense structures collapsed.

The problem of agunos following the tragedy has yet to be fully resolved. The complex set of circumstances at the site of the tragedy, which require formidable efforts in gathering and organizing data on those missing, presents considerable difficulties for leading poskim who are seeking ways to apply the complex halochos regarding agunos.

HaRav Dovid Morgenstern was summoned to help deal with the problem in the aftermath of the attack, but he is no longer involved in the issue. He says circumstances are still subject to change since search teams continue to find bodies at the site. He also notes how difficult it has been to draw conclusions: Based on DNA testing, technicians identified the remains of one victim and notified his family. A month later the remains of another victim were found with apparently the same DNA. This is of course impossible and in all likelihood the bodies of the two victims were confused since both of them suffered from a similar medical problem.

HaRav Morgenstern explains that a comprehensive approach must be adopted to deal with the issue and a wide variety of factors must be taken into account: How were the buildings constructed and exactly what damage did they suffer? How should investigations be conducted, and when can a non-Jewish witness be considered meisi'ach lefi tumo?

"Cases were reported of people who were not killed," says HaRav Morgenstern, "but they were reported missing by family members for the sake of insurance claims."

The search for the records of the magnetic card readers at the entrances to the two buildings proved fruitless. Everything had been crushed to powder and burned. Records of outgoing phone calls, credit card transactions and vehicle movements on the morning of the attack are being examined. In the case of one man reported missing, he reportedly called his wife after the attack and related what a perilous situation he was facing.

Reform rabbis solved the problem with a sweeping declaration typical of their approach: "Death certificates issued by the City of New York will be considered sufficient proof." How does the City of New York issue death certificates? Up until several weeks ago the municipality had issued over 500 death certificates for victims whose bodies had been identified. But since no trace remains of many of those who perished, the City of New York decided to issue a death certificate for anyone whose family declares him missing and presents proof that he worked in the World Trade Center.

The municipality has already issued some 2,000 death certificates based on such declarations. City officials do not require the families to demonstrate that their loved ones were killed in the attack, but merely that they worked in one of the two buildings. Such certificates, of course, are worthless according to halocho.

 

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