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There is a Halacha of Migu, which comes up in many masechtot. See here.
My questions is: logically, it seems that a Migu should work and it makes a lot of sense.
However, is there a special verse that we learn this from, a Halacha L'moshe Misinai, or just a logical argument?
(I know there is a Gemara in Kesubos that says that Hapeh Sheaaar is a Svara, but is it the same by all Migus?)
Thanks so much in advance.
R. Asher Weiss writes here:
וע"כ דהוי סברא ... דהלא אף אם הפה שאסר וכו' עדיף ממיגו פשוט שסברא אחת המה, אלא דמיגו אי בעי שתיק עדיף ממיגו דאי בעי טעין, אך מ"מ סברא אחת הן וילמדו זמ"ז, ומה דמבואר בגמ' בכתובות דהו"א דהוי גזה"כ ולמסקנא ידענו מסברא הוא הדין והוא הטעם לכל מיגו. כך נראה פשוט לענ"ד.
It must be that [migo] is [derived from] sevara ... as, although peh she-asar is stronger than migo, it is obvious that they share the same logic, just that a migo based on the ability to stay silent is stronger than a migo based on the ability to make a certain claim. Nevertheless, they share the same logic, and can be learned one from the other.
That which is explained by the gemara in Ketubot that we originally derived [peh she-asar] from verses, and we concluded that we know it from sevara, the same rule and the same reasoning apply to every migo.
This seems to me to be obvious.
