Chakako U'levasof Kav'o vs. Kav'o U'levasof Chakako in De'oraisa and Derabbanan Law

Date: Purim Katan 5588

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

The Chasam Sofer composes a self-standing analytical treatise defending the Poskim (Rosh, Tur, Shulchan Aruch, Rashba) against the Noda BiYehudah's critique that applying the distinction between chakako u'levasof kav'o and kav'o u'levasof chakako to de'oraisa matters contradicts the Gemara in Bava Basra 65. Through thirteen foundational principles, he demonstrates that the distinction is operative even at the Torah level, offering multiple reconciliations with the Talmudic sugya and addressing practical applications for mikvaos and netilas yadayim.

Source: Shu"t Chasam Sofer YD §198

View original source

Explore the full interactive rabbinic map →