Date: 1 Rosh Chodesh Elul 5565
From: Rabbi Moshe Sofer
To: Rabbi Getz Oppenheimer
R. Getz Oppenheimer challenged the Rambam's ruling (Hilchos Sanhedrin 14:8) that all capital offenders may be executed by any means, arguing that the Gemara in Sanhedrin 72b implies the shnei kesuvim principle prevents learning 'by any means' as well as 'by any person.' The Chasam Sofer defends the Rambam by identifying an independent source — the verse 'u'viarta ha-ra mi-kirbecha' from a Tosefta — that independently establishes execution by any means for all capital offenders, freeing 'mos yumos' to be redirected via im eino inyan to teach 'by any person.' The apparent Talmudic contradiction is resolved by recognizing that the relevant braisa follows R. Meir's dissenting view on hasra'ah, not the accepted halacha.
Source: Shu"t Chasam Sofer CM §26