Responsa for Bava Batra 350:18

והא אר"נ תני תנא מת וקברו התם דיתבי דייני אפומא דבירא וחייבוהו

nor from the buyer.<span class="x" onmousemove="('comment',' Though the dates of their purchases were later than the date of the loan. ');">³²</span> What is the reason? — The hypothecary obligation [involved] is not Biblical. Both R. Johanan and R. Simeon b. Lakish stated: A verbal loan may be recovered either from the heirs<span class="x" onmousemove="('comment',' V. p. 775, n. 24. ');">³³</span> or from the buyers.<span class="x" onmousemove="('comment',' Cf. p. 775, n. 15. ');">³⁴</span> What is the reason? — The hypothecary obligation [involved] is Biblical. An objection was raised: If [a man] was digging a pit in a public domain and an ox falls upon him and kills him, [the owner of the ox] is exempt.<span class="x" onmousemove="('comment',' Since it is the fault of the digger of the pit that the ox had fallen upon him. ');">³⁵</span> Moreover, if the ox dies,<span class="x" onmousemove="('comment',' Through the fall. ');">³⁶</span> [compensation for] its value must be paid to its owner by the heirs of the owner of the pit!<span class="x" onmousemove="('comment',' The liability to compensation is, surely, of no greater legal force than that of a verbal loan (since no bond can be produced in support of it), and yet it has been said that it may be recovered from heirs; how, then, could Rab and Samuel state that heirs are not liable to repay a verbal loan incurred by their father? ');">³⁷</span> — R. Elai replied in the name of Rab: [This law<span class="x" onmousemove="('comment',' That heirs are to pay compensation for their father's liability. ');">³⁸</span> is applicable to the case only] where he<span class="x" onmousemove="('comment',' Who was digging the pit. ');">³⁹</span> appeared before [a court of] law.<span class="x" onmousemove="('comment',' And was ordered to pay compensation. An order made by a court has the same legal force as that of a loan that is secured by a written bond. ');">⁴⁰</span> But, surely, it was stated that <i>it killed</i> him!<span class="x" onmousemove="('comment',' A dead man could not appear before a court! ');">⁴¹</span> — R. Adda b. Ahabah replied: [This is a case] where he was fatally injured.<span class="x" onmousemove="('comment',' The infliction of injuries from which one dies may be described as 'killing'. A man injured, though fatally, may be able to appear before a court. ');">⁴²</span> But R. Nahman, surely. said that a tanna<span class="x" onmousemove="('comment',' 'Ar. 7a. ');">⁴³</span> recited [the statement as follows]: It killed and buried him!<span class="x" onmousemove="('comment',' In the pit. How could it be said that he appeared before a court. ');">⁴⁴</span> — That [is a case] where judges sat at the mouth of the Pit and convicted him.<span class="x" onmousemove="('comment',' Just before he died. ');">⁴⁵</span>

Teshuvot Maharam

Teshuvot Maharam