Responsa for Bava Metzia 142:5
וכן נכרי שלוה מעות מישראל ברבית וביקש להחזירם לו מצאו ישראל אחר ואמר לו תנם לי ואני אעלה לך כדרך שאתה מעלה לו מותר ואם העמידו אצל ישראל אסור
to claim direct from the surety, it is he [the surety] who borrows from him!<span class="x" onmousemove="('comment',' From the point of view of Jewish law there are two transactions in this loan: the surety borrows money from the Gentile and pays interest thereon, and lends money to the Jew, upon which he receives interest. Hence it should be forbidden. ');"><sup>5</sup></span>
Teshuvot Maharam
Q. A received money from B for the purpose of buying for him garments from a Gentile. He paid the Gentile only part of the price of the garments. The Gentile forgot the balance due him, and did not ask for it for two years. A wants to retain the balance for himself.
A. B gave money to A for the express purpose of paying the Gentile. As long as A does not pay the Gentile, the money belongs to B and A has no right to keep it. Moreover A has no right to give the money to the Gentile after the latter forgot about it; for, if A wants to sanctify the name of the Lord by paying the Gentile money the latter forgot about, let him (A) do so with his own money, as he cannot use another person's money for such a purpose.
SOURCES: Cr. 50; Pr. 326, 953; L. 335; Mord. B. K. 168, 169; ibid. Ket. 258; Tesh. Maim. to Kinyan 20; Asheri B. K. 10, 21; Tur Hoshen Mishpat, 183; Isserlein, Pesakim 166.
A. B gave money to A for the express purpose of paying the Gentile. As long as A does not pay the Gentile, the money belongs to B and A has no right to keep it. Moreover A has no right to give the money to the Gentile after the latter forgot about it; for, if A wants to sanctify the name of the Lord by paying the Gentile money the latter forgot about, let him (A) do so with his own money, as he cannot use another person's money for such a purpose.
SOURCES: Cr. 50; Pr. 326, 953; L. 335; Mord. B. K. 168, 169; ibid. Ket. 258; Tesh. Maim. to Kinyan 20; Asheri B. K. 10, 21; Tur Hoshen Mishpat, 183; Isserlein, Pesakim 166.
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