Responsa for Bava Kamma 227:4
אלא דאמרי' ליה ארבעית לי אריא אמצראי משמתינן ליה עד דקביל עליה כל אונסא דאתי מחמתיה:
did the Master not state<span class="x" onmousemove="('comment',' Ibid. 108b. ');"><sup>6</sup></span> that where he buys from a heathen or sells to a heathen the right of [pre-emption enjoyed by] the nearest neighbour to the boundary does not apply?<span class="x" onmousemove="('comment',' For he who is outside the covenant of the law could not be compelled to abide by its principles. ');"><sup>7</sup></span>
Teshuvot Maharam
Q. A sold his house, which bordered on B's property, to a Gentile. A claimed that B had refused to buy his house at the price the Gentile had offered.
A. If A can produce no witnesses, nor take an oath, in support of his claim, we place him under the ban until he undertakes to compensate B for all damages the latter may suffer from his Gentile neighbor.
SOURCES: Cr. 158.
A. If A can produce no witnesses, nor take an oath, in support of his claim, we place him under the ban until he undertakes to compensate B for all damages the latter may suffer from his Gentile neighbor.
SOURCES: Cr. 158.
Ask RabbiBookmarkShareCopy
Teshuvot Maharam
Q. When B went out of town, the officer of the town stationed guards at his house in order to make sure that neither his wife, his children, nor his valuables would be removed from town. Three days later B's wife came to A and implored him to go surety for her to the officer, and to guaranty that neither she, her children, nor their valuables would be removed from town, until her husband returned and personally gave security to the officer that he would not move out of the overlord's territory. When subsequently B returned to town, A told him of his suretyship. B thanked A and commended him for having kept the guards out of his house. Then the overlord of the town, the king's highest officer, came and heaped accusations on B for having gone to dwell in another town — though this town was also a royal town and, therefore, under his jurisdiction — saying: "I know that you intend to flee from my territory". B, realizing that the officer had falsely accused him before the overlord, asked the dignitaries of two towns to induce the overlord to permit him to move into another town under his jurisdiction. When permission was granted, A's relative informed him that B was planning to move out of the overlord's territory. A protested to B's wife that he would be held responsible by the officer for such a move on B's part. B's wife reminded him that the overlord released B's sureties from obligation, but A pointed out that he had gone surety to the officer, and that the latter did not release him. B's wife, therefore, vowed and obligated herself by solemn hand clasp that in case the officer should inculpate A, and in case B should not compensate him for all ensuing losses, she would herself compensate him, up to twenty pounds, out of her clothes and jewels, without a court action. Subsequently B moved out of town, A was inculpated and incarcerated, and was forced to pay thirty pounds for his release. A, therefore, demands the thirty pounds from B.
A. A husband must redeem his wife even when the ransom asked is larger than her value (as a slave), and must pay his wife's debts which she contracted, for the purpose of buying her release. A person who goes surety for another must be compensated for all ensuing losses. Consequently, B must compensate A for his losses.
SOURCES: B. P. 286, no. 348. Cf. Agudah B. K. 138.
A. A husband must redeem his wife even when the ransom asked is larger than her value (as a slave), and must pay his wife's debts which she contracted, for the purpose of buying her release. A person who goes surety for another must be compensated for all ensuing losses. Consequently, B must compensate A for his losses.
SOURCES: B. P. 286, no. 348. Cf. Agudah B. K. 138.
Ask RabbiBookmarkShareCopy