Penalty Liability and Ma'is Alai Claim in Broken Engagement

From: Rabbi Moshe Sofer

To: Rabbi David

Description

The Chasam Sofer rules that a father who arranged an engagement on his daughter's behalf is personally exempt from the penalty clause, which applies only to the violating party. The daughter's liability for the penalty depends on whether the power of attorney explicitly authorized the father to bind her to penalties. Her claim of ma'is alai is rejected as it rests solely on unverified rumors that respected authorities have refuted, and the community leaders may not invoke kim li on her behalf since she is an adult.

Source: Shu"t Chasam Sofer EH I §134

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