Asham Talui Obligation When Witnesses Are Found Zomemim

From: Rabbi Moshe Sofer

To: Rabbi Meir

Description

Rabbi Meir posed a difficulty regarding Kerisus 24a and the Rambam's ruling that when witnesses compelling an asham talui are found to be zomemim, the animal returns to the flock — seemingly inapplicable according to the Rabbanan who reject witness-compelled korban obligations. The Chasam Sofer resolves this by demonstrating that even according to the Rabbanan, witnesses testifying to doubtful chelev consumption uniquely compel an asham talui, since even deliberate consumption of a doubtful item obligates the offering, leaving the accused no valid denial within the scope of the testimony.

Source: Shu"t Chasam Sofer CM §29

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