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When en-passant passant is the only legal move

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Consider the following position:

White: Kf6, PP f2, g2, h3. Black: Kh6, PP h7, h4.

8/7p/5K1k/8/7p/7P/5PP1/8 w - - 0 1

1. g4 hxg3

White plays g2g4g2-g4. The only legal move is h:g3hxg3.

I heard someone say that since the en passant capture is optional (?), Black can refuse to play it (??) and have the game declared a draw by stalemate.

I think this is nonsense and believe that as long as there are legal moves available there's no stalemate.

Who is right?

Consider the following position:

White: Kf6, PP f2, g2, h3. Black: Kh6, PP h7, h4.

White plays g2g4. The only legal move is h:g3.

I heard someone say that since the en passant capture is optional (?) Black can refuse to play it (??) and have the game declared a draw by stalemate.

I think this is nonsense and believe that as long as there are legal moves available there's no stalemate.

Who is right?

Consider the following position:

8/7p/5K1k/8/7p/7P/5PP1/8 w - - 0 1

1. g4 hxg3

White plays g2-g4. The only legal move is hxg3.

I heard someone say that since the en passant capture is optional, Black can refuse to play it and have the game declared a draw by stalemate.

I think this is nonsense and believe that as long as there are legal moves available there's no stalemate.

Who is right?

1
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When en-passant is the only legal move

Consider the following position:

White: Kf6, PP f2, g2, h3. Black: Kh6, PP h7, h4.

White plays g2g4. The only legal move is h:g3.

I heard someone say that since the en passant capture is optional (?) Black can refuse to play it (??) and have the game declared a draw by stalemate.

I think this is nonsense and believe that as long as there are legal moves available there's no stalemate.

Who is right?