Viability of Child Who Became Ill and Died Within Thirty Days for Yibum Exemption

Date: Summer 5584

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

A childless widow whose brother-in-law lacked a foot for chalitzah gave birth to a child that lived two weeks, became ill, and died, with signs of viability (completed hair and nails) found afterward. The Chasam Sofer rules leniently, permitting the widow to remarry, concluding that the majority of poskim do not consider a child that became ill and died within thirty days a nefel, and that even the stringent view equating chalah with pihek does not fully undermine established signs of viability.

Source: Shu"t Chasam Sofer EH II §70

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