Responsa for Bava Batra 54:21
פשיטא דשיעורא דרבנן נפיש דאי ס"ד שיעורא דרבי יהודה נפיש רבנן בשיעורא דרבי יהודה היכי עבדי ואלא מאי שיעורא דרבנן נפיש רבי יהודה בשיעורא דרבנן מאי עביד אפשר דגחין וחליף תותיה:
R. Johanan said: You may even say that the Rabbis [of that Mishnah] also concur [with the ruling here]. For there they prohibit because the cover may give way unexpectedly, but here every branch can be cut down as it grows.<span class="x" onmousemove="('comment',' Lit., 'first, first.' ');"><sup>18</sup></span>
Teshuvot Maharam
Q. A claims he has no cash and wants to repay his debt to B with goods. B demands that A swear that he has no cash. Is it not true that the court can not require an oath from A since no actual loss of money to B is involved?
A. The fact that there is no actual loss of money to B does not, of itself, absolve A from taking an oath. A is not required to take the oath for another reason. B can not claim to be certain that A has cash, and no one is required to take an oath when his opponent is not certain of his claim.
This Responsum is addressed to Rabbi Asher b. Moses.
SOURCES: Cr. 7, 8; Pr. 109; L. 360. Cf. Am II, 224.
A. The fact that there is no actual loss of money to B does not, of itself, absolve A from taking an oath. A is not required to take the oath for another reason. B can not claim to be certain that A has cash, and no one is required to take an oath when his opponent is not certain of his claim.
This Responsum is addressed to Rabbi Asher b. Moses.
SOURCES: Cr. 7, 8; Pr. 109; L. 360. Cf. Am II, 224.
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