Kim Lei Bederabbah Minei: Derivation of Monetary Priority over Lashes

Date: 1799

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

The Chasam Sofer responds to three analytical questions on the Talmudic principle of kim lei bederabbah minei from Kesubos 32a. He resolves the first by proving Ulla himself endorsed calendar intercalation, refuting the Acheirim hypothesis; resolves the second with a novel argument that monetary liability is considered severe because it affects a wrongdoer's potentially righteous descendants, drawing on the dispute in Bava Kamma 119a; and defends the Hafla'ah's position on the third by distinguishing between qualitative degrees of hutar miklalah, leaving a difficulty from ketziras ha-omer unresolved.

Source: Shu"t Chasam Sofer CM §30

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