Responsa for Bava Kamma 228:5
אי אמרת בשלמא רבי כגזלן דר"ש קאמר וקני הא מני רבי היא משום הכי קני
in which case the ownership is transferred? Come and hear: IF CUSTOMS-COLLECTORS TOOK AWAY A MAN'S ASS AND GAVE HIM INSTEAD ANOTHER ASS, OR IF BRIGANDS TOOK AWAY HIS GARMENT, IT WOULD BELONG TO HIM, FOR THE OWNERS HAVE SURELY ABANDONED IT. Now, with whose view does this ruling accord? If with that of the Rabbis, the case of the robber<span class="x" onmousemove="('comment',' I.e., the customs-collector who acts openly. ');"><sup>4</sup></span>
Teshuvot Maharam
Q. A book was stolen from A and sold to B for one mark. It was subsequently stolen from B and sold to C for the same price. Both A and B recognized the book in C's possession.
A. If at the time of the theft from A, the fact was reported in the town, and if A does not usually sell his books, then A is to pay one mark to C and reclaim his book. B may look for the man who sold him the book and sue him; if he cannot find him, his money is lost.
SOURCES: Pr. 88.
A. If at the time of the theft from A, the fact was reported in the town, and if A does not usually sell his books, then A is to pay one mark to C and reclaim his book. B may look for the man who sold him the book and sue him; if he cannot find him, his money is lost.
SOURCES: Pr. 88.
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Maharach Or Zarua Responsa
Q - Forced converts, after having reverted back to Judaism, reported that while they were still among the Gentiles, they saw the body of A who was killed, lying in front of his house. It was discovered that these converts, prior to their return, partook of non-kosher food, purely out of lust. On the basis of their testimony, is A's wife permitted to remarry?
A - Although these forced converts formerly partook of non-kosher food, they are believed to be telling the truth, since they have now returned to Judaism. Therefore, A's wife is permitted to remarry.
A - Although these forced converts formerly partook of non-kosher food, they are believed to be telling the truth, since they have now returned to Judaism. Therefore, A's wife is permitted to remarry.
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Teshuvot Maharam
Q B discovered that the horse he bought from A is injured. He claims that the horse must have been injured while in A's possession, that the purchase was a mistake and demands, therefore, that the contract be rescinded. A, on the other hand, claims that the horse was in perfect condition when he delivered it to B.
A. Even if B had not, as yet, paid for the horse, the burden is upon him to prove that the horse was injured while in A's possession. If he cannot produce such proof, A is to swear that when he sold the horse to B he did not know that the horse was injured. If he takes such an oath he is entitled to collect his money from B.
SOURCES: Pr. 575; L. 122; Mord. Ket. 200; Tesh. Maim. to Kinyan, 7; Mordecai Hagadol, p. 165d; cf. Sinai vol. VI (1942) p. 221.
A. Even if B had not, as yet, paid for the horse, the burden is upon him to prove that the horse was injured while in A's possession. If he cannot produce such proof, A is to swear that when he sold the horse to B he did not know that the horse was injured. If he takes such an oath he is entitled to collect his money from B.
SOURCES: Pr. 575; L. 122; Mord. Ket. 200; Tesh. Maim. to Kinyan, 7; Mordecai Hagadol, p. 165d; cf. Sinai vol. VI (1942) p. 221.
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