Baal Mum Disqualification of Participants in Chalitzah Ceremony

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

A Torah scholar with half his thumb amputated sought to participate as one of the five required for chalitzah. The Chasam Sofer rules that one who relies on R' Chaim HaRash's interpretation — that the requirement to be blemish-free applies only to eye blemishes, not bodily defects — and thereby validates the man as one of the two additional (non-judge) participants, has not erred, since any disqualification for those participants is only a gezeirah l'gezeirah. However, no eye blemish should be permitted, as that disqualification approaches a Torah-level requirement even for the judges themselves.

Source: Shu"t Chasam Sofer EH II §93

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