Responsa for Bava Batra 276:8
ת"ר שכיב מרע שאמר מנה יש לי אצל פלוני העדים כותבין אף על פי שאין מכירין לפיכך כשהוא גובה צריך להביא ראיה דברי ר' מאיר וחכ"א אין כותבין אא"כ מכירין לפיכך כשהוא גובה אין צריך להביא ראיה
although they do not know [whether there is any truth in the statement].<span class="x" onmousemove="('comment',' V., R. Gersh. a.l. and cf. Rashb. ');"><sup>20</sup></span> Consequently, when [the debt] is collected, proof<span class="x" onmousemove="('comment',' Of the defendant's liability. ');"><sup>21</sup></span> has to be brought;<span class="x" onmousemove="('comment',' By the heirs. ');"><sup>22</sup></span>
Teshuvot Maharam
Q. A asked his road companion B to keep some money (sixty schillings) for him. B refused to take the money saying he had no place where to keep it. A suggested that he put it in his sheet, and B did so. Subsequently, the money was stolen from B. A, however, demanded his money and claimed that B was guilty of negligence since he slept in the market-place among thieves.
A. If B took reasonable care to watch his sheet, even though he slept in the market place, he is free from any obligation to A, since he complied with A's instructions.
SOURCES: Pr. 843.
A. If B took reasonable care to watch his sheet, even though he slept in the market place, he is free from any obligation to A, since he complied with A's instructions.
SOURCES: Pr. 843.
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