Responsa for Bava Kamma 204:11
מתקיף לה רבי זירא וכי דעתו של אדם על תפיליו ותנן המקדיש נכסיו מעלין לו תפילין א"ל אביי אין דעתו של אדם על תפילין המקדיש נכסיו סבר מצוה קא עבידנא ואין דעתו של אדם על כסות אשתו ובניו משום איבה
This could even be proved from what we have learnt: Neither in the case of one who has declared his possessions consecrated nor in the case of one who has dedicated the valuation of himself<span class="x" onmousemove="('comment',' Lev. XXVII, 1 ff. ');"><sup>18</sup></span> can the Temple treasurer claim either the garments of the wife or the garments of the children<span class="x" onmousemove="('comment',' Cf. supra p. 46. ');"><sup>19</sup></span>
Teshuvot Maharam
Q. A lent money to a Gentile. Part of this money belonged to B, but the Gentile was unaware of it. A collected the loan but refused to give any part of it to B saying: "Go and demand your money from the Gentile."
A. A must pay B the money coming to B from the Gentile for the following reasons: a) We assume that A became a trustee for B's part of the loan and, therefore, must collect it for B, for how else did B expect to get his money back?; b) A caused a definite loss of money to B and must compensate him for such loss; c) the Gentile became obligated to pay money to B, even though he did not know that part of the money loaned to him belonged to B. Therefore, when the Gentile paid off his debt to A, he gave to A the money he owed to B, and A must give that money to B.
SOURCES: Pr. 254.
A. A must pay B the money coming to B from the Gentile for the following reasons: a) We assume that A became a trustee for B's part of the loan and, therefore, must collect it for B, for how else did B expect to get his money back?; b) A caused a definite loss of money to B and must compensate him for such loss; c) the Gentile became obligated to pay money to B, even though he did not know that part of the money loaned to him belonged to B. Therefore, when the Gentile paid off his debt to A, he gave to A the money he owed to B, and A must give that money to B.
SOURCES: Pr. 254.
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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.
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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