Disqualification and Expenses in Alleged Receipt Forgery Case

Date: 15 Shevat 5586

From: Rabbi Moshe Sofer

To: Rabbi Meir Pal

Description

The Chasam Sofer rules that the borrower's litigation expenses were improperly awarded without proof or beis din assessment, the lender's agent has no standing to demand disqualification of a witness, and the borrower cannot be disqualified from testimony, oaths, or communal appointments since there is no proof of forgery, he has a valid excuse, and even a proven forger is not disqualified from testimony or oaths in other contexts.

Source: Shu"t Chasam Sofer CM §39

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