Intimidation Procedures (Iyum) for Administering Judicial Oaths

From: Rabbi Moshe Sofer

To: Rabbi Yisrael

Description

The Chasam Sofer rules that a plaintiff may not demand additional intimidation measures (such as shofar-blowing, extinguished candles, or lying on a bier) when a defendant takes a judicial oath. He argues that the Geonim's institution of a cherem on the plaintiff, the current practice of reciting explicit curses, the long-lapsed custom of such measures, and the physical impossibility of lying on a bier while a Sefer Torah is present all combine to render the plaintiff's demand unenforceable.

Source: Shu"t Chasam Sofer CM §73

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