Marriage within Sheloshim for Peru U'Revu When Both Parties Are in Mourning

From: Rabbi Moshe Sofer

To: Rabbi Fayish Leib

Description

A man whose wife died before he fulfilled peru u'revu wished to marry his deceased wife's sister during sheloshim, while both were mourners. The Chasam Sofer rules marriage is impermissible, demonstrating through a mimah nafshach argument that the two required leniency factors — bitul peru u'revu and agmas nefesh — are mutually exclusive and can never simultaneously coexist, so no valid basis to override the woman's mourning restrictions exists.

Source: Shu"t Chasam Sofer YD §351

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