Will Signed by Disqualified Witnesses and Whether Heirs Are Bound

Date: Tuesday of Chanukah 5597

From: Rabbi Moshe Sofer

To: Rabbi Itzik (Isaac)

Description

A will structured as a matnas bari was signed by two halachically disqualified witnesses, with the testator's own signature preceding theirs. The Chasam Sofer rules the document invalid on two independent grounds: the testator's prior signature cannot constitute acceptance of witnesses who had not yet signed, and even if it could, such personal acceptance of disqualified witnesses cannot bind the heirs, who never agreed to it — an even stronger case than the principle that enhanced document terms are unenforceable against heirs.

Source: Shu"t Chasam Sofer CM §40

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