Effect of Ones (Duress) on Conditional Agreements and Kinyan

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

The Chasam Sofer addresses the apparent contradiction between the Rambam's ruling that ones exempts a party from a conditional kinyan and the Yerushalmi's statement (per R' Yochanan) that ones is 'as if not performed.' By quoting the full Yerushalmi text — including the boatman case — he demonstrates that the dispute cannot concern takanas tznuos u'prutzos in kiddushin, as some Acharonim suggested. His chiddush: R' Yochanan holds that ones exempts one from penalty but does not grant the benefit of having fulfilled the condition, so the situation reverts to the status quo ante, explaining why the Rambam rules that the party swears as originally required.

Source: Shu"t Chasam Sofer CM §1

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