Modeh BeMiktzas, Women's Testimony, and Rov in Capital Cases

From: Rabbi Moshe Sofer

To: Rabbi Akiva Ber

Description

The Chasam Sofer addresses four Talmudic questions: resolving the Toras Chaim's difficulty about claiming wheat and admitting barley by applying the Rosh's distinction between claims from different time periods; analyzing the eino mei'iz principle for heirs; arguing that even Rabbeinu Tam's validation of written testimony does not exempt women from appearing in court because drishah v'chakirah cannot be performed on written statements; and reconciling Tosfos' hasra'as safek principle with the Gemara's derivation of rov in capital cases by showing the principle presupposes acceptance of rov.

Source: Shu"t Chasam Sofer CM §45

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