Responsa for Bava Batra 174:2
א"ל הא איתמר עלה אמר רבי אבהו משום יאוש בעלים נגעו בה:
A SHOPKEEPER IS NOT OBLIGED TO ALLOW TO FALL etc. The question was raised: Does R. Judah refer to the [law in the] earlier clause<span class="x" onmousemove="('comment',' Which requires the seller always to allow three drops to fall into the vessel of the buyer. ');"><sup>4</sup></span> to relax it,<span class="x" onmousemove="('comment',' That on Sabbath eve towards dusk, it is not to be applied. ');"><sup>5</sup></span> or perhaps [he refers] to the [law in the] latter clause<span class="x" onmousemove="('comment',' Which exempts a shopkeeper. ');"><sup>6</sup></span>
Teshuvot Maharam
Q. A sent his valuables, through C, to be deposited with B. Subsequently, C left for a distant country without informing A whether or not he had carried out A's instructions. Are we to presume that a deputy generally carries out his commission, and that A therefore may claim to be positive that his valuables had been delivered to B, thus obligating the latter to take an oath in support of his denial?
A. In money matters we do not presume that a deputy has carried out his commission.
Q. B admits that C had delivered the valuables to him, but claims that he subsequently returned them to C.
A. B is to be held responsible for A's valuables, for, the fact that A trusted C to be his deputy in delivering the valuables to B, does not mean that he trusted C as a depositee for an extended period of time. Therefore, B had no right to redeposit A's valuables with C.
This Responsum was addressed to Rabbi Asher.
SOURCES: Cr. 26, 28; Am II, 221. Cf. Moses Minz, Responsa 92; ibid. 107.
A. In money matters we do not presume that a deputy has carried out his commission.
Q. B admits that C had delivered the valuables to him, but claims that he subsequently returned them to C.
A. B is to be held responsible for A's valuables, for, the fact that A trusted C to be his deputy in delivering the valuables to B, does not mean that he trusted C as a depositee for an extended period of time. Therefore, B had no right to redeposit A's valuables with C.
This Responsum was addressed to Rabbi Asher.
SOURCES: Cr. 26, 28; Am II, 221. Cf. Moses Minz, Responsa 92; ibid. 107.
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