Chezkas Patur and Tzadek Mishelcha in Doubtful Matanos Kehunah

From: Rabbi Moshe Sofer

To: Rabbi Betzalel

Description

The Chasam Sofer resolves a difficulty raised by the Pri Megadim regarding the role of chezkas patur in the case of uncertain matanos kehunah. He distinguishes between a factual doubt about a specific animal — where tzadek mishelcha compels giving the gifts even in doubt — and a doubt about the person's very identity or obligatory status, where tzadek mishelcha cannot apply and the simpler principle of ha'motzi me'chaveiro alav ha'ra'ayah suffices without any chezkas patur.

Source: Shu"t Chasam Sofer YD §309

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