Responsa for Bava Metzia 150:1
כל ימי גריד אחד כל ימי רביעה אחת לא יאמר לו חרוש עמי בגריד ואני אחרוש עמך ברביעה
ALL THE DAYS OF THE DRY SEASON ARE EQUAL,<span class="x" onmousemove="('comment',' Lit., 'one.' ');"><sup>1</sup></span> AND LIKEWISE OF THE RAINY SEASON.<span class="x" onmousemove="('comment',' I.e., there is no fear that one day may be longer than another or more difficult for working, so that the value of labour on one is greater than on the other. ');"><sup>2</sup></span>
Teshuvot Maharam
Q. A claims that B lent him money on a pledge, and that when he came to redeem the pledge B exacted interest from him. Since he had contracted the loan directly from B, the latter was not allowed to take any interest on this loan. A, therefore, demands that B pay him back the interest. B, on the other hand, claims that the loan was originally contracted through a Gentile intermediary and that he was entitled, therefore, to the interest.
A. It is assumed that a person who might have gained an advantage by following a certain legal procedure, did not fail to follow such procedure. Since B could legally have been entitled to interest on his money had he granted the loan through a Gentile intermediary, we assume that he did grant the loan through such intermediary. Therefore, B is entitled to his interest and is not required to take an oath.
SOURCES: L. 197.
A. It is assumed that a person who might have gained an advantage by following a certain legal procedure, did not fail to follow such procedure. Since B could legally have been entitled to interest on his money had he granted the loan through a Gentile intermediary, we assume that he did grant the loan through such intermediary. Therefore, B is entitled to his interest and is not required to take an oath.
SOURCES: L. 197.
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