Incumbent Tenant's Rights Under Cherem Rabbeinu Gershom vs. Validity of Duress Lease

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

The Chasam Sofer rules that since the new lessee's lease from the feudal lord is legally valid, no court can compel him to reduce his price — the displaced tenant must pay the full amount demanded or forfeit. The moda'ah (protest of coercion) is entirely irrelevant, as one cannot purchase at a high price and then demand to pay less; while the beis din should not help the lessee extract excess payment, his legal right to demand any price stands.

Source: Shu"t Chasam Sofer CM §104

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