Rabbi's Right to Retract When Bound by Expense Reimbursement Clause

From: Rabbi Moshe Sofer

To: Rabbi Moshe Perles

Description

The Chasam Sofer resolves a conceptual difficulty in Tosfos' derivation of a worker's right to retract from employment by citing the Ran's distinction: unlike an eved ivri seeking self-redemption, a regular worker requires no payment to walk away and is therefore not mechusar mamon. Applying this principle practically, he rules that a community's contractual clause requiring a departing rabbi to reimburse recruitment expenses recreates the impediment of mechusar mamon, binding the rabbi to his position and negating his right to retract even according to Tosfos.

Source: Shu"t Chasam Sofer CM §171

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