Talmud Bavli
Talmud Bavli

Responsa for Bava Kamma 229:22

אבימי בר נאזי חמוה דרבינא הוה מסיק בההוא גברא ארבעה זוזי גנב גלימא אתיא ניהליה אוזפיה ארבעה זוזי אחריני לסוף הוכר הגנב אתא לקמיה דרבינא

'Whatever credit you gave him was not in return for these stolen articles.' If he pledged them for a hundred, their value being two hundred, the benefit of [a purchase in] market overt would apply. But if their value equalled the amount of money lent on them, Amemar said that the benefit of market overt would not apply<span class="x" onmousemove="('comment',' For as it is unusual that the value of the pledge should not exceed the amount of the loan, it is probable that the loan was not based on the security of the pledge. ');"><sup>37</sup></span> whereas Mar Zutra said that the benefit of [a purchase in] market overt should apply. (The established law is that the benefit of a purchase in market overt should apply.)<span class="x" onmousemove="('comment',' [The bracketed passage is deleted by Rashal and rightly so, since the very contrary fixed ruling is given infra.] ');"><sup>38</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.
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