Effect of Two Chazakos on Trei U'Trei in Monetary Cases

From: Rabbi Akiva Eiger

To: Rabbi Moshe

Description

Rabbi Moshe proposed that a disputed witness's testimony, though unable to extract money, should support the party already in possession via two combined chazakos. Rabbi Akiva Eiger ultimately argues that the Rabbinic stringency of trei u'trei was never applied to monetary law at all, leaving the Biblical rule intact; consequently, chezkas kashrus alone preserves the witness's fitness but cannot independently extract money — it can only maintain the existing status quo.

Source: Shu"t Rabbi Akiva Eiger §136

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