Validity of Chalitzah and Get Performed by an Apostate

Date: 21 Marcheshvan 5561

From: Rabbi Moshe Sofer

To: Mattersdorf

Description

The Chasam Sofer critiques the Chacham Tzvi's doubts about the validity of chalitzah and get performed by a mumar (apostate), and concludes both are valid. He argues that the giving of a get and the performance of chalitzah carry default intent (stam lishmah), that a mistaken understanding of chalitzah's purpose does not negate the mitzvah intent, and that chalitzah—like bi'ah—does not require explicit kavvanas ha-mitzvah.

Source: Shu"t Chasam Sofer EH II §90

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