Rashi's Use of Shmuel's Achrayus Ta'us Sofer Principle in Sales Context

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

The questioner challenged Rashi's invocation of Shmuel's principle that omission of a warranty clause is a scribal error (achrayus ta'us sofer), since Shmuel himself limits this to loans, not sales. The Chasam Sofer resolves that Rashi cites Shmuel only as the originator of the concept, while the operative ruling follows Rava, who extends achrayus ta'us sofer to both loans and sales. He further connects this to the dispute between Shmuel and Amimar over shuma hadra, explaining why Rava's ruling is the accepted halacha.

Source: Shu"t Chasam Sofer CM §68

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