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.
Everytime I learn a sugya it astounds me how they saw that from x it was shaich to say y.
ReplyDeleteAshreinu Ma Tov Chelkeinu!
N: right on! That's the greatness of the "koach ha'dimyon", and the reason why it isn't so simple to aquire it.
ReplyDeleteIs the CS a daas yochid in this?
ReplyDeleteAfter all, many agunas were in fact allowed to remarry based on the evidence provided by the military.
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.
ReplyDeleteRabbi 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?
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.
ReplyDelete