Release from the Ban for Violating the Herem of Rabbeinu Gershom
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Question
Shalom and blessings. Following up on my question regarding the Herem of Rabbeinu Gershom concerning reading others' chat correspondence, and your response quoting the Gaon, Rabbi Ovadia Fried, that no release is needed. The source is from Shulchan Aruch, Yoreh De'ah, Siman 334, Seif 22. I also cited this source in my question, and it states that unintentionally no release is needed, but intentionally, if warned, a release is required. In our case, I fear it is considered intentional, and thus the question is why it is permitted, perhaps due to the lack of warning. In short, I would appreciate knowing the reasoning for the ruling. Thank you very much.
Answer
Shalom Rav,
Our teacher, Rabbi shlita, explained that the reason is because there was no warning.
Source
Our teacher, Rabbi, pointed to consult Birkei Yosef, Yoreh De'ah, Siman 334, in the name of Shu"t Beit David, Yoreh De'ah, Siman 158, and in Shu"t Chatam Sofer, Choshen Mishpat, Siman 182.
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