Responsa for Bava Kamma 115:5
מ"ד שדחפתה חברתה כל שכן שהוחלקה במימי רגליה ומאן דאמר שהוחלקה במימי רגליה אבל דחפתה חברתה פשעה ומשלמת מה שהזיקה דא"ל איבעי לך עבורי חדא חדא
Or again, in the case of preventing the lion from [damaging] a neighbour's property, no expenses were incurred [by the act of driving away the lion], but in this case here there was [pecuniary] loss attached to it.
Teshuvot Maharam
Q. A was robbed of his books during a riot. The books were later recognized in B's possession. Must B return the books to A upon receiving the amount he paid to the robbers?
A. Since the books were taken by Gentile robbers, A did not lose hope of retrieving them (B. K. 114a) and thus legally retained title to his books. Therefore, B must return the books to A. B is not entitled to any compensation, since it was common knowledge that A was robbed of his books, and since B bought them from known robbers.
This Responsum is addressed to "my teacher Rabbi Eliakim."
SOURCES: Pr. 1009; Cr. 196–7; Mord. B. K. 163.
A. Since the books were taken by Gentile robbers, A did not lose hope of retrieving them (B. K. 114a) and thus legally retained title to his books. Therefore, B must return the books to A. B is not entitled to any compensation, since it was common knowledge that A was robbed of his books, and since B bought them from known robbers.
This Responsum is addressed to "my teacher Rabbi Eliakim."
SOURCES: Pr. 1009; Cr. 196–7; Mord. B. K. 163.
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