Status of Wine Opened by a Thief of Disputed Jewish or Non-Jewish Identity

From: Rabbi Moshe Sofer

To: Rabbi Meir Pal

Description

When two witnesses contradict each other regarding whether a thief who opened a barrel of wine was Jewish or non-Jewish, the Chasam Sofer rules that the outcome depends on the local majority and whether knowledge of the barrel's opening is independent of those witnesses. In some scenarios the wine is permitted via migo or rov, while in others the contradicting witnesses are treated as nonexistent and the wine remains forbidden based on the prevailing chazakah.

Source: Shu"t Chasam Sofer YD §119

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