Responsa for Bava Metzia 142:2
אלא לנכרי וכיון דדיניה דנכרי דאזיל בתר ערבא איהו ניהו דקא שקיל מיניה רביתא
But we learnt: The following violate the negative precept: The lender, the borrower, the surety, and the witnesses!<span class="x" onmousemove="('comment',' Infra 75b. ');"><sup>2</sup></span>
Teshuvot Maharam
Q. A received money from B for the purpose of buying for him garments from a Gentile. He paid the Gentile only part of the price of the garments. The Gentile forgot the balance due him, and did not ask for it for two years. A wants to retain the balance for himself.
A. B gave money to A for the express purpose of paying the Gentile. As long as A does not pay the Gentile, the money belongs to B and A has no right to keep it. Moreover A has no right to give the money to the Gentile after the latter forgot about it; for, if A wants to sanctify the name of the Lord by paying the Gentile money the latter forgot about, let him (A) do so with his own money, as he cannot use another person's money for such a purpose.
SOURCES: Cr. 50; Pr. 326, 953; L. 335; Mord. B. K. 168, 169; ibid. Ket. 258; Tesh. Maim. to Kinyan 20; Asheri B. K. 10, 21; Tur Hoshen Mishpat, 183; Isserlein, Pesakim 166.
A. B gave money to A for the express purpose of paying the Gentile. As long as A does not pay the Gentile, the money belongs to B and A has no right to keep it. Moreover A has no right to give the money to the Gentile after the latter forgot about it; for, if A wants to sanctify the name of the Lord by paying the Gentile money the latter forgot about, let him (A) do so with his own money, as he cannot use another person's money for such a purpose.
SOURCES: Cr. 50; Pr. 326, 953; L. 335; Mord. B. K. 168, 169; ibid. Ket. 258; Tesh. Maim. to Kinyan 20; Asheri B. K. 10, 21; Tur Hoshen Mishpat, 183; Isserlein, Pesakim 166.
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