Yeshiva Bochur asked:
Tosfos says you can motzi mamon with a safek safeka. How can he say this? The rashba holds safek safek works metam rov and the clal is bidiney mominas ayn halchin acher harov, so a safek safek shouldnt work to motzi mamon.
Yeshiva Bochur, America
The Kollel replies:
This question is discussed by the Achronim. The Shev Shmaitsa (1:23-4) says that we can be Motzi a Kesuvah with Rov because a Kesuvah is considered k'Gavuy.
See also Takfo Kohen (120), Pnei Yehoshu'ah (DH v'Kasheh and in Kuntras Acharon), Rebbi Akiva Eiger (Kesuvos 12b), and Sha'arei Yosher (1:20).
Dov Freedman