Validity of Compelled Kiddushin After Breach of Engagement

Date: Erev 13 Teves 5560

From: Rabbi Moshe Sofer

To: Rabbi David

Description

The Chasam Sofer rules that a man who breaks his engagement may be compelled by the authorities to proceed with marriage, and the resulting kiddushin is valid. This is established on two grounds: the cherem and monetary penalties he accepted at the time of the engagement make the marriage his atonement—analogous to coercing one to bring a korban until he declares willingness—and the man's own recitation of the kiddushin formula constitutes the required consent. Nevertheless, if genuine marital discord is certain, separation is preferable.

Source: Shu"t Chasam Sofer EH I §112

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