Chazakah, Machaa, and Migo in Property Disputes

From: Rabbi Moshe Sofer

To: Rabbi Simcha Bunim Ginz (Eiger)

Description

The Chasam Sofer addresses four academic questions on chazakah, machaa, and migo raised by Rabbi Bunim. He rules that chazakah only benefits a possessor whose claim is stronger than the original owner's, distinguishes the migo of 'lo lavisi' from the case at hand, limits available migos when a single witness is treated as two, and endorses the Ketzos HaChoshen's approach that a creditor in possession may claim 'stara'i' without migo, rendering the Shach's concern about Avimi's competence moot.

Source: Shu"t Chasam Sofer CM §98

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