Validity of a Get Issued by a Man with Melancholy

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

A man who suffered financial losses developed melancholy, causing withdrawal and angry outbursts, but responded coherently when engaged. The Chasam Sofer rules that he may validly issue a get, as he never exhibited the classic signs of a shoteh from Chagigah 3b, any marginal behavior has already passed, the condition stems from a known medical cause preserving legal competency, and he demonstrated da'ata tzlilusa by asking and answering coherently about the divorce itself. The local dayan's firsthand assessment remains indispensable.

Source: Shu"t Chasam Sofer EH II §2

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