Validity of Kinui and Setirah in Case of Suspected Adultery with Non-Jew

From: Rabbi Moshe Sofer

To: Rabbi Simcha Bunim Ginz (Eiger)

Description

The Chasam Sofer rules that neither the husband's warning nor the beis din agent's warning constitutes valid kinui, and no valid setirah was established, since the husband's warning addressed entry into the home rather than seclusion, and the woman's young son negated the seclusion. The woman is therefore permitted to her husband and retains her kesubah, though continued brazen contact with the suspect could render her an overes al das. The question of forcing a divorce by overriding Cherem D'Rabbeinu Gershom is left unresolved.

Source: Shu"t Chasam Sofer EH II §96

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