Kohen's Wife's Status After Defective Conditional Get from Shechiv Mera

Date: 15 Teves 5587

From: Rabbi Moshe Sofer

To: Lemberg

Description

A Kohen who was gravely ill gave his wife a conditional get without proper tnai kaful or mishpatei tena'im, then recovered. The Chasam Sofer rules leniently, permitting the wife to remain with her husband, marshaling multiple arguments: the condition was simply unfulfilled, there is a sfek sfeika regarding the get's validity, a shechiv mera's get is void upon recovery, and even if Chazal uprooted the kiddushin the resulting prohibition would be only Rabbinic, warranting leniency.

Source: Shu"t Chasam Sofer EH II §56

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