Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 293:2

לימא ר' שמעון בן מנסיא היא ולא רבנן אפי' תימא רבנן דומה שאני

And what did he that raised the question imagine?<span class="x" onmousemove="('comment',' Lit., 'and he that threw (i.e.. argued) what did he throw?' How could he even for one moment assume that the' Rabbis would not in such a case hold the same view as R. Simeon h. Menasya, when the difference between the two cases is so self evident? ');"><sup>4</sup></span> — It might be suggested that he<span class="x" onmousemove="('comment',' The testator, ');"><sup>5</sup></span> was merely mentioning his grief,<span class="x" onmousemove="('comment',' The mention of the death of his son might not have been due at all to his desire to indicate the cause of his giving away his estate to strangers. It might have been a mere expression of sorrow at having no son to survive him, a fact which the disposal of his estate had brought to his mind. ');"><sup>6</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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