Binding Force of Written Oath and Cherem in Rabbinical Appointment Contract

From: Rabbi Moshe Sofer

To: Rabbi David

Description

A community accepted a new rabbi without the consent of their incumbent rabbi, Rabbi David, who held a formal appointment contract containing a written oath and cherem. The Chasam Sofer rules that if the community members verbally affirmed the oath it is clearly binding; even if they only signed the document without verbal articulation, he sides with the Chavos Yair that a written oath is fully binding, concluding that the community remains in violation until they obtain Rabbi David's consent.

Source: Shu"t Chasam Sofer YD §227

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