Whether Rov Can Overcome Trei U'Trei in Monetary Law

From: Rabbi Akiva Eiger

To: Unknown recipient

Description

The correspondent argued that since the strong chazakah of holding a promissory note (anan sahadei) cannot overcome trei u'trei, rov — which is weaker — certainly cannot either. Rabbi Akiva Eiger rejects this inference, distinguishing sharply between anan sahadei, which functions as quasi-testimonial evidence and is neutralized by trei k'me'ah, and rov, which operates as the Torah's blanket directive to follow the majority in cases of doubt. He concludes that the Raavad's ruling regarding contradictory witnesses and debt collection provides no proof regarding rov.

Source: Shu"t Rabbi Akiva Eiger §137

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