Responsa for Bava Metzia 131:7
הלוהו על שדהו: אמר רב הונא בשעת מתן מעות קנה הכל לאחר מתן מעות לא קנה אלא כנגד מעותיו ורב נחמן אמר אפילו לאחר מתן מעות קנה הכל
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Teshuvot Maharam
Q. A claims he deposited a pledge with B to secure a loan, and now wishes to redeem it. B claims that the pledge had to be redeemed before a certain date or become forfeited. When the time of payment arrived, A asked for an extension of time and said: "Take formal possession so that the pledge henceforth be yours if I do not repay you before that date". A made no payment on the date due after the extension; B, therefore, claims that the pledge became forfeited. A denies having said, "Take formal possession.……henceforth".
A. Usually a statement, such as A is alleged to have made, is classified as Asmakhta and is not binding. But since B is in possession of the pledged articles, and since B has done a favor to A in lending him money, this satement is no longer classified as Asmakhta and is binding. Therefore, if B takes an oath that A made the statement: "Take formal possession..…henceforth", the pledge belongs to B.
SOURCES: Cr. 1; Pr. 91; L. 333; Rashba I, 1103; Tashbetz, 490; cf. Mord. B. M. 321.
A. Usually a statement, such as A is alleged to have made, is classified as Asmakhta and is not binding. But since B is in possession of the pledged articles, and since B has done a favor to A in lending him money, this satement is no longer classified as Asmakhta and is binding. Therefore, if B takes an oath that A made the statement: "Take formal possession..…henceforth", the pledge belongs to B.
SOURCES: Cr. 1; Pr. 91; L. 333; Rashba I, 1103; Tashbetz, 490; cf. Mord. B. M. 321.
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Teshuvot Maharam
Q. A claims he deposited a pledge with B to secure a loan, and now wishes to redeem it. B claims that the pledge had to be redeemed before a certain date or become forfeited. When the time of payment arrived, A asked for an extension of time and said: "Take formal possession so that the pledge henceforth be yours if I do not repay you before that date". A made no payment on the date due after the extension; B, therefore, claims that the pledge became forfeited. A denies having said, "Take formal possession.……henceforth".
A. Usually a statement, such as A is alleged to have made, is classified as Asmakhta and is not binding. But since B is in possession of the pledged articles, and since B has done a favor to A in lending him money, this satement is no longer classified as Asmakhta and is binding. Therefore, if B takes an oath that A made the statement: "Take formal possession..…henceforth", the pledge belongs to B.
SOURCES: Cr. 1; Pr. 91; L. 333; Rashba I, 1103; Tashbetz, 490; cf. Mord. B. M. 321.
A. Usually a statement, such as A is alleged to have made, is classified as Asmakhta and is not binding. But since B is in possession of the pledged articles, and since B has done a favor to A in lending him money, this satement is no longer classified as Asmakhta and is binding. Therefore, if B takes an oath that A made the statement: "Take formal possession..…henceforth", the pledge belongs to B.
SOURCES: Cr. 1; Pr. 91; L. 333; Rashba I, 1103; Tashbetz, 490; cf. Mord. B. M. 321.
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