Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 297:2

איבעיא להו מכר כל נכסיו מהו אמר רב יהודה אמר רב אם עמד אינו חוזר וזימנין אמר רב יהודה אמר רב אם עמד חוזר ולא פליגי הא דאיתנהו לזוזי בעינייהו הא דפרעינהו בחובו

shall have some benefit from them? What [is the law where he<span class="x" onmousemove="('comment',' V. note 3 ');"><sup>6</sup></span> said]. 'He<span class="x" onmousemove="('comment',' The donee. ');"><sup>5</sup></span> shall see them', 'Stand in them', 'Recline upon them'?<span class="x" onmousemove="('comment',' Do these expressions legally ratify a gift? ');"><sup>7</sup></span> — This is undecided. The question was raised: What [is the law' in a case where a dying man] has sold all his possessions?<span class="x" onmousemove="('comment',' May he, if he recovers, cancel the sale as he may withdraw a gift? ');"><sup>8</sup></span>

Teshuvot Maharam

Q. A's father, before his death, deposited his books with B (a trustee) as security for a dowry of twenty-four marks, which he promised his son C. He subsequently paid B eighteen marks, leaving a balance of six marks. C's brother, A, representing his mother, Bruna, now demands that B permit him to redeem his father's books for six marks. B, however, claims that when C demanded the six marks from his mother, she, in payment of that amount, assigned to C a debt of twenty-three pounds D owed her, and pledged the books for that amount. B, therefore, demands twenty-three pounds to be paid to C before he returns the books. A, however, claims that anything paid to C above six marks will constitute usury.
A. B's testimony is accepted without reservation since B is a trustee. According to that testimony, the payment of twenty-three pounds to C would constitute usury. B must, therefore, return the books to A and his mother upon the receipt of six marks. Moreover, the loan of the value of twenty-three pounds never really belonged to C, since a loan can not be legally assigned to a third party.
R. Meir sent substantially the same answer to Rabbi Yedidyah which answer begins as follows: "According to the (record of) claims sent to me by the judges, the widow, Bruna, did not admit that the loan originally belonged to them (to B and C). She claims only to have given them the loan in exchange for the pledges …."
SOURCES: Pr. 985–6; L. 503.
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