Responsa for Bava Batra 350:11
וכי תימא איפוך דרבה לעולא ודעולא לרבה והא אמר עולא דבר תורה בעל חוב דיניה בזבורית
Rabbah, however, said: [According to] the word of the Torah either a loan [secured] by a bond or a verbal loan may be recovered from free property only. What is the reason? — The hypothecary obligation [involved] is not Biblical.<span class="x" onmousemove="('comment',' V. B.M. 114b. ');"><sup>18</sup></span> Why then has it been said that a loan [secured] by a bond may be recovered from sold property? — In order that doors may not be locked in the face of borrowers.<span class="x" onmousemove="('comment',' No man would consent to lend any money if no land security were available. ');"><sup>19</sup></span>
Teshuvot Maharam
Rabbi Dan's report in my name is correct, that when one person gives goods to another in order that the latter trade therewith and the former share in the profits, half of the value of such goods is considered a loan (the other half is considered a deposit), even to the extent that a Sabbatical year effects its cancellation. I always consider it a loan in every respect. The law that such half be considered a loan is stated in the Talmud without qualification (B. M. 104b). The stipulations of Raba are specific; they do not go beyond those mentioned by Raba.
R. Meir adds: Your requests, Rabbi Samuel and Rabbi Dan, that I forgive Rabbi Hananiah for his insults to me are granted. I fully absolve him of guilt.
SOURCES: P. 304; Pr. 973; Tesh. Maim. to Mishpatim, 12; Mord. B. M. 390.
R. Meir adds: Your requests, Rabbi Samuel and Rabbi Dan, that I forgive Rabbi Hananiah for his insults to me are granted. I fully absolve him of guilt.
SOURCES: P. 304; Pr. 973; Tesh. Maim. to Mishpatim, 12; Mord. B. M. 390.
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Teshuvot Maharam
Rabbi Dan's report in my name is correct, that when one person gives goods to another in order that the latter trade therewith and the former share in the profits, half of the value of such goods is considered a loan (the other half is considered a deposit), even to the extent that a Sabbatical year effects its cancellation. I always consider it a loan in every respect. The law that such half be considered a loan is stated in the Talmud without qualification (B. M. 104b). The stipulations of Raba are specific; they do not go beyond those mentioned by Raba.
R. Meir adds: Your requests, Rabbi Samuel and Rabbi Dan, that I forgive Rabbi Hananiah for his insults to me are granted. I fully absolve him of guilt.
SOURCES: P. 304; Pr. 973; Tesh. Maim. to Mishpatim, 12; Mord. B. M. 390.
R. Meir adds: Your requests, Rabbi Samuel and Rabbi Dan, that I forgive Rabbi Hananiah for his insults to me are granted. I fully absolve him of guilt.
SOURCES: P. 304; Pr. 973; Tesh. Maim. to Mishpatim, 12; Mord. B. M. 390.
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