Whether Nezikin Is Treated as Issura or Mamona for Resolving Doubts

From: Rabbi Moshe Sofer

To: Rabbi Moshe Segal

Description

The Chasam Sofer distinguishes between doubts about the Torah's intended damage classification, which are treated as safek issura and resolved stringently, and factual or interpretive disputes among poskim, which revert to safek mamona lekula. He defends the Maharashdam's position that kim li cannot be invoked in monetary disputes rooted in an issur question, and offers a novel explanation for why kim li applies in mamona but not issura contexts.

Source: Shu"t Chasam Sofer YD §241

View original source

Explore the full interactive rabbinic map →