Three Questions on Ben Sorer U'Moreh: Oaths, Rov, and Hazamah

Date: 15 Elul 5564

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

The Chasam Sofer resolves three analytical difficulties in the sugya of Ben Sorer U'Moreh. He argues that the phrase about a minor having no redeemers was appended by the Talmud, not original to the beraisa; that the Gemara in Shevuos needed the father's claim as a precondition even for the single-witness oath; and that Tosfos in Chullin could not derive the principle of rov from ben sorer u'moreh because, following the Rambam, hazamah is structurally inapplicable when parents can still forgive after testimony.

Source: Shu"t Chasam Sofer CM §28

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