Talmud Bavli
Talmud Bavli

Responsa for Bava Metzia 60:17

<big><strong>גמ׳</strong></big> אטו כל הני דאמרינן לאו אבידה הוו אמר רב יהודה הכי קאמר אי זו היא כלל אבידה שהוא חייב בה מצא חמור ופרה רועין בדרך אין זו אבידה ולא מיחייב בה חמור וכליו הפוכים פרה ורצה בין הכרמים הרי זו אבידה ומיחייב בה

For a Master said: A man's affinity takes away a sixtieth of his illness: yet even so, he must visit him 'Therein to burial.' But that [too] is identical with the practice of loving deeds? — That is necessary only in respect of an old man for whom it is undignified.<span class="x" onmousemove="('comment',' Yet even he must take part in burial. ');"><sup>16</sup></span> 'That they shall do — this means [acts] beyond the requirements of the law.' For R. Johanan said: Jerusalem was destroyed only because they gave judgments therein in accordance with Biblical law. Were they then to have judged in accordance with untrained arbitrators?<span class="x" onmousemove="('comment',' [ [H] from [H], 'to cut,' 'to decide;' so Jast. Cf. however B.K. (Sonc. ed.) p. 671, n. 10.] ');"><sup>17</sup></span> — But say thus: because they based their judgments [strictly] upon Biblical law, and did not go beyond the requirements of the law.

Teshuvot Maharam

Q. B claims that he gave A fifteen pounds to lend it on interest for two years and then give the principal and the interest to B's son if he should consent to marry A's daughter. B's son, however, refused to marry A's daughter and B wants his money back. A claims that he had originally accepted B's money as a dowry for his daughter, that he had taken possession of the gift for her, and that the money, therefore, belongs to her.
A. A dowry gift becomes the property of the donee only if the marriage takes place. Therefore, neither A nor his daughter has ever gained title to B's money, and A must return the principal plus the interest to B. Even if B expressly stipulated that he will forfeit the 15 pounds if the marriage does not take place, such a stipulation is considered an Asmakhta and is not valid. B, however, must pay A for his trouble in managing B's investments.
SOURCES: Cr. 86; Pr. 285; Mord. B.B. 615; Agudah B.B. 198.
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Teshuvot Maharam

Q. B claims that he gave A fifteen pounds to lend it on interest for two years and then give the principal and the interest to B's son if he should consent to marry A's daughter. B's son, however, refused to marry A's daughter and B wants his money back. A claims that he had originally accepted B's money as a dowry for his daughter, that he had taken possession of the gift for her, and that the money, therefore, belongs to her.
A. A dowry gift becomes the property of the donee only if the marriage takes place. Therefore, neither A nor his daughter has ever gained title to B's money, and A must return the principal plus the interest to B. Even if B expressly stipulated that he will forfeit the 15 pounds if the marriage does not take place, such a stipulation is considered an Asmakhta and is not valid. B, however, must pay A for his trouble in managing B's investments.
SOURCES: Cr. 86; Pr. 285; Mord. B.B. 615; Agudah B.B. 198.
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