Responsa for Bava Kamma 229:11
ובהא פליגי מר סבר יאוש ואח"כ שינוי רשות קני שינוי רשות ואח"כ יאוש לא קני ומ"ס לא שנא
what is that difference? — Whether or not to accept the statement of R. Hisda.<span class="x" onmousemove="('comment',' V. supra p. 681, n. 10. ');"><sup>19</sup></span> R. Zebid said: [They differed in regard to a case] where, e.g., the proprietor abandoned hope of recovering the articles when they were in the hands of the purchaser, but did not give up hope so long as they were in the hands of the thief, and the point at issue between them was that while one master<span class="x" onmousemove="('comment',' I.e., R. Johanan. ');"><sup>20</sup></span>
Teshuvot Maharam
Q. A's house was robbed and he reported this in town. Subsequently, he recognized one of his books in B's possession B had bought the book from C who had bought it from a Gentile. Moreover, A does not usually sell his books. B, therefore, stated under oath the price he paid for the book; but A constantly deferred payment of that amount.
A. A owes that amount to B. Since the court has a right to distrain a debtor's article for the benefit of the creditor, the court may surely confirm B in the possession of the book after the latter pays to A the difference between its actual value and the price he had originally paid. If B paid C for the book more than the latter paid to the Gentile, C must return the difference to A.
SOURCES: Am II. 138.
A. A owes that amount to B. Since the court has a right to distrain a debtor's article for the benefit of the creditor, the court may surely confirm B in the possession of the book after the latter pays to A the difference between its actual value and the price he had originally paid. If B paid C for the book more than the latter paid to the Gentile, C must return the difference to A.
SOURCES: Am II. 138.
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