Responsa for Bava Metzia 19:1
מתניתין מני רבנן היא אלא אי אמרת בעשיר ועני מחלוקת אבל מעני לעני דברי הכל זכה לו הא מני לא רבנן ולא ר' אליעזר
our Mishnah would then be in accord with the Rabbis.<span class="x" onmousemove="('comment',' [Who disregard the potential miggo and do not admit the argument. 'Since the person who picked up the article for the rider could, if he had wished, have picked it up for himself, he may also confer possession of it upon his neighbour.' The latter therefore can rightly retain the article if he wishes to do so. At this stage the Gemara presumes that he had originally picked up the article for the rider, but that he subsequently refused to hand it over to him.] ');"><sup>1</sup></span>
Teshuvot Maharam
Q. A lent money to a Gentile. Part of this money belonged to B, but the Gentile was unaware of it. A collected the loan but refused to give any part of it to B saying: "Go and demand your money from the Gentile."
A. A must pay B the money coming to B from the Gentile for the following reasons: a) We assume that A became a trustee for B's part of the loan and, therefore, must collect it for B, for how else did B expect to get his money back?; b) A caused a definite loss of money to B and must compensate him for such loss; c) the Gentile became obligated to pay money to B, even though he did not know that part of the money loaned to him belonged to B. Therefore, when the Gentile paid off his debt to A, he gave to A the money he owed to B, and A must give that money to B.
SOURCES: Pr. 254.
A. A must pay B the money coming to B from the Gentile for the following reasons: a) We assume that A became a trustee for B's part of the loan and, therefore, must collect it for B, for how else did B expect to get his money back?; b) A caused a definite loss of money to B and must compensate him for such loss; c) the Gentile became obligated to pay money to B, even though he did not know that part of the money loaned to him belonged to B. Therefore, when the Gentile paid off his debt to A, he gave to A the money he owed to B, and A must give that money to B.
SOURCES: Pr. 254.
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