Responsa for Bava Batra 54:5
ע"כ לא פליגי אלא דמר סבר יש ברירה ומר סבר אין ברירה
— No. We here deal with the case where the roots are divided by a hard rock. If so, what is the reason of Rabbi [for declaring the two kinds to be mixed together]? Because they mix again higher up. Wherein then lies the ground of the difference between Rabbi and Rabban Simeon? — The former holds that the air mixes the saps [though coming from separate roots], and the latter holds that each remains separate.<span class="x" onmousemove="('comment',' Lit., 'this one stands by itself and this one stands by itself.' ');"><sup>5</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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