Permitting Yevamah Bound to Mumar Yavam Based on Single Witness

From: Rabbi Moshe Sofer

To: Rabbi Yosef Yoel Deutsch

Description

The Chasam Sofer rules that if a single witness properly testified before beis din that the mumar yavam died, the yevamah could be permitted based on a sfek sfeika — double doubt arising from the ketata concern and the question of whether a mumar creates zikah at all. However, in this case no such testimony was given before beis din; the woman merely reported hearing secondhand that the yavam died, which is entirely insufficient to permit her to remarry.

Source: Shu"t Chasam Sofer EH II §88

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