Obligation to Impose Cherem Despite Risk of Apostasy

Date: 27 Menachem Av 5561

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

The Chasam Sofer upholds the Rema's ruling that beis din must impose niddui and cherem on one who deserves it even if doing so risks driving the offender to apostasy, marshaling proofs beyond those of the Chavos Yair and refuting the Taz. He draws a critical distinction between heretics who challenge rabbinic authority—whose children are presumed to share their ideology and warrant no special concern—and ordinary sinners, where the fate of innocent minor children requires careful deliberation before acting.

Source: Shu"t Chasam Sofer YD §322

View original source

Explore the full interactive rabbinic map →