Talmud Bavli
Talmud Bavli

Responsa for Bava Metzia 60:5

אמר רבא כל שבשלו מחזיר בשל חבירו נמי מחזיר וכל שבשלו פורק וטוען בשל חבירו נמי פורק וטוען

— He acted beyond the requirements of the law. For R. Joseph learnt: And thou shalt shew them<span class="x" onmousemove="('comment',' Ex. XVIII, 20. ');"><sup>10</sup></span> — this refers to their house of life;<span class="x" onmousemove="('comment',' Rashi: i.e., industry and trade, the means of a livelihood. In B.K. 100a Rashi refers it to study, the life of the Jew. ');"><sup>11</sup></span> the way — that means the practice of loving deeds;<span class="x" onmousemove="('comment',' This is the literal translation of the phrase, gemiluth hasadim. It is sometimes translated, 'the practice of charity,' but that is inexact. Every act of kindness is regarded as done out of one's love for his fellow beings. [V. Abrahams, I., C.P.B. p. XIII. The inner meaning of the phrase is, 'making good.' 'requiting' — a making good to man for goodness of God, and it is connected with tenderness and mercy to all men and all classes; cf. J. Pe'ah IV.] ');"><sup>12</sup></span>

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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