Status of Minor Girl Who Willingly Committed Adultery

From: Rabbi Moshe Sofer

To: Rabbi Pinchas Leib Munk

Description

The Chasam Sofer argues that 'pitui ketanah ones hu' is a legal fiction — the minor's consent is treated as coercion for punishment purposes, not because she truly lacks free will. This resolves the Sanhedrin-Yevamos contradiction and defends the Rambam's view that a minor wife who willingly committed adultery is nonetheless forbidden to her husband, since exemption from punishment does not eliminate the prohibition created by her willful treachery.

Source: Shu"t Chasam Sofer EH II §172

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