Talmud Bavli
Talmud Bavli

Responsa for Bava Kamma 226:9

ואימא הני מילי היכא דלא אתי לידיה דלא מחייב לאהדורי בתרה אבל היכא דאתי לידיה אימא ליהדרה אמר רבינא (דברים כב, ג) ומצאתה דאתאי לידיה משמע: תניא ר' פנחס בן יאיר אומר במקום שיש חילול השם אפי' אבידתו אסור

only in the time [of war] when they were delivered in thy hand [as enemies] this is permitted, whereas this is not so in the time [of peace] when they are not delivered in thy hand [as enemies]. <font>His lost article is permissible</font>,<span class="x" onmousemove="('comment',' I.e., it is not subject to the law of lost property; Deut. XXII, 1-3. V.B.M. (Sonc. ed.) p. 149, n. 6. ');"><sup>16</sup></span> for R. Hama b. Guria said that Rab stated: Whence can we learn that <font>the lost article of a heathen is permissible</font>?<span class="x" onmousemove="('comment',' Deut. XXII, 1-3. ');"><sup>17</sup></span>

Teshuvot Maharam

Q. A, B, C, and D, were partners in a loan made by them. In repayment they received a quantity of silver which they divided among themselves by lot. Subsequently, A bought B's silver and sold it to merchants [probably Gentile merchants]. The latter broke up the silver and found it mixed with base metal. A averted a calamity by pacifying the merchants with gifts of money, thus preventing their bringing false accusations against him. A demands that B reimburse him with the price of the silver, and also compensate him for the money he had spent in pacifying the merchants.
A. The sale of the silver to A is void, since it was made in error. Similarly, the division of the silver among the partners is void, even though made by lot, since that too was made in error. However, B is not required to compensate A for the money he spent in pacifying the merchants, since B did not know, at the time of the sale, that his silver contained base metal. Moreover, even if B knew the contents of his silver, he would still be absolved from paying A the money he had given to the merchants, since he was only an indirect cause of A's loss, though he would be liable to punishment by the Heavenly Court.
SOURCES: P. 48, 49.
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Teshuvot Maharam

Q. A owes money to B and B owes the same amount to a Gentile. B told A, in the presence of the Gentile, to pay his debt directly to the Gentile. The Gentile released B and depended upon A for payment. A successfully avoids payment to the Gentile because of an old debt due him from the latter. Since, according to Jewish law, the transaction was not valid and A's indebtedness to B was not legally transferred to the Gentile, A must pay his debt to B. But why should B be permitted to rob the Gentile? Is not robbing a Gentile prohibited? Moreover, the Gentile presses A for payment and eventually may force A to pay him his money; must A pay his debt to B?
A. Robbing a Gentile is prohibited, but one is permitted to annul a Gentile's debt (if he can do so by using plausible excuses and without causing the name of the Lord to be profaned). But, if A will be forced to pay the debt to the Gentile, he will not have to pay anything to B.
SOURCES: Cr. 227; Pr. 327; L. 385; Am II, 119.
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Teshuvot Maharam

Q. A owes money to B and B owes the same amount to a Gentile. B told A, in the presence of the Gentile, to pay his debt directly to the Gentile. The Gentile released B and depended upon A for payment. A successfully avoids payment to the Gentile because of an old debt due him from the latter. Since, according to Jewish law, the transaction was not valid and A's indebtedness to B was not legally transferred to the Gentile, A must pay his debt to B. But why should B be permitted to rob the Gentile? Is not robbing a Gentile prohibited? Moreover, the Gentile presses A for payment and eventually may force A to pay him his money; must A pay his debt to B?
A. Robbing a Gentile is prohibited, but one is permitted to annul a Gentile's debt (if he can do so by using plausible excuses and without causing the name of the Lord to be profaned). But, if A will be forced to pay the debt to the Gentile, he will not have to pay anything to B.
SOURCES: Cr. 227; Pr. 327; L. 385; Am II, 119.
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Teshuvot Maharam

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Teshuvot Maharam

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Teshuvot Maharam

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