Ne'emanus Clause vs. Witnesses Claiming Repayment Within Loan Term

From: Rabbi Moshe Sofer

To: Rabbi Wolf

Description

The Chasam Sofer rejects his student's argument that the chazakah of ein adam porei'a toch zemano survives a terei u'terei cancellation to tip the balance toward the lender. He rules that this behavioral chazakah functions as testimony (anan sahadei), and is therefore canceled along with the ne'emanus when two witnesses testify to payment; only chezkas mamon survives, leaving the money with the borrower.

Source: Shu"t Chasam Sofer CM §67

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