Agunah Credibility and Requirement to Question Original Witness

From: Rabbi Moshe Sofer

To: Rabbi Itzik

Description

The Chasam Sofer rules that when the original witness is available in the same city, the beis din must question him directly, siding with the Chelkas Mechokek against the Rema. He further rules that the woman's credibility is fatally undermined by her prior unauthorized remarriage, which demonstrates she does not investigate carefully before remarrying. His practical advice is for her to travel to the place of burial to obtain testimony from two valid witnesses.

Source: Shu"t Chasam Sofer EH II §136

View original source

Explore the full interactive rabbinic map →