Communal Administrator's Delayed Expense Claim and Collectability with Oath

Date: 6 Tishrei 5579

From: Rabbi Moshe Sofer

To: Rabbi Chaim Heilpron

Description

The Chasam Sofer affirms the ruling of R' Chaim Heilpron that a former communal administrator (parnas) who raises an entirely new expense claim years after leaving office — never having mentioned it at the time — cannot collect even with an oath. He distinguishes this from a known but uncollected claim, where delay does not imply waiver, and dismisses the purported Sephardic ruling permitting collection on grounds of procedural deficiency (failure to hear both parties). As a remedy, R' David may compel community members to take a shevuas hesses or issue a cherem calling for witnesses.

Source: Shu"t Chasam Sofer CM §78

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