Validity of Kesubah for Gerushah Missing 'Misrachta' Designation

From: Rabbi Moshe Sofer

To: Rabbi Nosson Freider

Description

A kesubah for a divorced woman was written without the required term 'misrachta,' using only 'almanah' instead. The Chasam Sofer rules that reliance on the Tashbetz's leniency is invalid and that established practice per the Rema requires 'misrachta' to prevent a kohen from unknowingly marrying a gerushah; a new kesubah or assignment of movable property as substitute is required. He nonetheless agrees that the kesubah is not entirely invalid on its face, since 'almanah' can technically apply to a gerushah as well.

Source: Shu"t Chasam Sofer EH I §130

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