Discrepancy in Dying Declaration Does Not Block Agunah Release

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

A man from Zbaraz died in Wistritzke after giving a dying declaration with extensive identifying details, but he erroneously stated he had two living daughters when one had already died before his departure. The Chasam Sofer rules leniently, finding that the overwhelming convergence of matching details makes coincidence impossible, and that the error about the daughters is an inconsequential detail the witnesses may have misunderstood or that the dying man forgot in his confused terminal state. He recommends presenting the case to one additional scholar and convening a beis din of three to formally release the wife from her agunah status.

Source: Shu"t Chasam Sofer EH I §71

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