Monday, November 30, 2009

On Chasam Sofer's Derekh HaLimud

From Gittin 11a:

You can see from here the way the Chasam Sofer would actively look for Halachic implications even during his theoretical learnining. In this case, he comes out with a Chumra that you wouldn't be able to believe a military court that reports that a Jewish soldier was killed.


N said...

Everytime I learn a sugya it astounds me how they saw that from x it was shaich to say y.
Ashreinu Ma Tov Chelkeinu!

I said...

N: right on! That's the greatness of the "koach ha'dimyon", and the reason why it isn't so simple to aquire it.

Ha-historion said...

Is the CS a daas yochid in this?
After all, many agunas were in fact allowed to remarry based on the evidence provided by the military.

The Talmid said...

If I'm understanding this correctly, he's suggesting we cannot rely on non-Jewish court that a soldier died in battle. You do make it clear this is not a psak.

Rabbi Gedalia Dov Schwartz quotes Brod Rov (R' Steinberg) that if a statement was made under penalty of perjury it is believed. I don't know what other poskim say about this topic. Do you have any sources?

Wolf2191 said...

I haven't done a complete search. I see that in Kol Mevaser 76 end of Responsum (n. 4). He quotes CS (43,44, 94 - presumably EH volume) as actually being Matir, and he himself uses it as a Tziruf to be matir.

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