Talmud Bavli
Talmud Bavli

Responsa for Bava Metzia 156:2

הי רבי מאיר אילימא ר"מ דצבע דתנן הנותן צמר לצבע לצבוע לו אדום וצבעו שחור שחור וצבעו אדום רבי מאיר אומר נותן לו דמי צמרו

Which [ruling of] R. Meir [shews this opinion]? Shall we say, R. Meir's [view] in respect to a dyer? For we learnt: If one gives wool to a dyer to be dyed red, but he dyed it black, or to dye it black and he dyed it red, R. Meir said: He must pay him for his wool. R. Judah said: If its increased value exceeds the cost [of dyeing], he [the wool owner] must pay him the cost: if the cost [of dyeing] exceeds the increase in value, he must pay him for the increase.<span class="x" onmousemove="('comment',' B.K. 100b. And it is assumed that R. Meir's ruling is because he regards the dyer as a robber, since he disobeyed the owner's instructions, and therefore he must pay for the wool. ');"><sup>2</sup></span>

Teshuvot Maharam

Q. A demanded from B the book of the order Kodashim which he lent him to copy from. B, in turn, demanded from A the book of the order Moed which he gave to A as security, and which was worth twice as much as A's book. At first A denied that he received B's book, but when confronted by a witness who supported B's claim, A retracted his denial, but alleged: 1) that B loaned him the book with the understanding that his (A's) children should be permitted to study therefrom; 2) that he loaned the book to his son-in-law; and 3) that the book was subsequently burned in the latter's house, and that hence the loss of the book was an unavoidable accident. B denied that he gave A permission to allow his sons to use the book.
A. Since A and B lent books to each other, their responsibilities regarding these books were those of hired watchmen who are not responsible for unavoidable accidents. The question revolves, then, about A's lending the book to his son-in-law. Therefore, upon A's taking an oath that B gave him permission to allow his sons to use B's book, A will be free from any obligation to B. B, on the other hand, may retain A's book, upon taking an oath that he did not permit A to give his book to A's sons for study, and B is further entitled to collect from A's son-in-law (the difference between the value of the lost book and the one B retained) since the responsibility of the son-in-law regarding the book was that of a borrower who is responsible even for unavoidable accidents. If, however, A's son-in-law is willing to take an oath that he did not borrow B's book from A, he will be free from obligation to B, and his oath will not subject his father-in-law to any further obligation.
The question was submitted by R. Moses Azriel b. R. Eliezer Darshan, whose opinion, appended to the question, coincided with that of R. Meir.
SOURCES: Pr. 963; Mord. B. M. 282. Cf. Isserlein Pesakim 200.
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