Witnesses Related Through Wives and Burden of Proof in Ona'ah

From: Rabbi Moshe Sofer

To: Unknown recipient

Description

The Chasam Sofer argues that the requirement of techilaso v'sofo b'kashrus for inter-witness relatedness does not apply in monetary matters, since each witness individually retains some testimonial function, though it does apply in kiddushin where a single witness is wholly ineffective. Regarding ona'ah, he limits R' Avigdor's principle that the doubtful party bears the burden of proof to internal doubts about the substance of a transaction, not external factors like market price, grounding the Rema's ruling instead in chazakah.

Source: Shu"t Chasam Sofer CM §37

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