Responsa for Bava Batra 47:4
דתני ר' חייא דם הנמצא בפרוזדור חייבין עליו על ביאת מקדש ושורפין עליו את התרומה
— notwithstanding the fact that there is an 'upper chamber'<span class="x" onmousemove="('comment',' For an explanation of these terms. v. Niddah, ad init. ');"><sup>4</sup></span> which is nearer. Said Raba to him: You are speaking of a case where there is 'frequency' as well as 'majority';<span class="x" onmousemove="('comment',' I.e., although the blood might have come from the 'upper chamber' which is nearer, we yet presume it to have come from the 'source' where there is more blood and whence blood more frequently flows. ');"><sup>5</sup></span>
Teshuvot Maharam
Q. Thieves broke into A's cellar and inserted a tap into a cask of wine. Subsequently it was discovered that a great deal of wine was missing from the cask. Rabbi Jedidyah, however, permitted the use of the wine that was left in the cask.
A. Though the majority of thieves are Gentiles, and the talmudic dictum regarding Pumbeditha (A.Z. 70a) does not apply to other places, the use of this wine is permitted nevertheless, for there is no evidence that thieves broke into the cellar. Thus the cellar was found locked, while thieves do not trouble themselves to lock a door after their work is done. Therefore we assume that a member of the household inserted the tap, a common enough occurrence. Each member of the household, though he knows that he himself did not tamper with the cask, is nevertheless permitted to drink the wine, for he may assume that one of the other members of the household inserted the tap.
SOURCES: B. p. 295, no. 389. Cf. Asher, Responsa 19, 1.
A. Though the majority of thieves are Gentiles, and the talmudic dictum regarding Pumbeditha (A.Z. 70a) does not apply to other places, the use of this wine is permitted nevertheless, for there is no evidence that thieves broke into the cellar. Thus the cellar was found locked, while thieves do not trouble themselves to lock a door after their work is done. Therefore we assume that a member of the household inserted the tap, a common enough occurrence. Each member of the household, though he knows that he himself did not tamper with the cask, is nevertheless permitted to drink the wine, for he may assume that one of the other members of the household inserted the tap.
SOURCES: B. p. 295, no. 389. Cf. Asher, Responsa 19, 1.
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