Responsa for Bava Metzia 163:2
והא מדקתני סיפא ר' יהודה אומר הלוהו מעות שומר חנם הלוהו פירות שומר שכר מכלל דלתנא קמא לא שני ליה
— But [say thus:] There is no difficulty: in the latter case, he lent him money; in the former [sc. our Mishnah], provisions.<span class="x" onmousemove="('comment',' Since provisions deteriorate, the creditor derives a benefit from lending them, as he will have fresh provisions returned, and consequently he ranks as a paid bailee. ');"><sup>2</sup></span>
Teshuvot Maharam
Q. It is the law that the responsibility of a creditor toward a pledge he received as security for a loan is that of a paid bailee. Does this responsibility also extend to the amount by which the pledge exceeds the loan?
A. Since Ri ruled that the opinion of Rabba prevails, that the responsibility of a keeper of a lost object is that of a gratuitous bailee (B. M. 82a), the responsibility of the creditor toward the excess value of the pledge is also that of a gratuitous bailee. Although some authorities are of the opposite opinion, the very fact that a difference of opinion exists creates a doubt as to the law; and in case of doubt we do not render a verdict to collect.
SOURCES: Am II, 161; Mord. Sheb. 774; Tesh. Maim. to Mishpatim, 56; Agudah Sheb. 36; cf. Pr. 185; ibid. 699b.
A. Since Ri ruled that the opinion of Rabba prevails, that the responsibility of a keeper of a lost object is that of a gratuitous bailee (B. M. 82a), the responsibility of the creditor toward the excess value of the pledge is also that of a gratuitous bailee. Although some authorities are of the opposite opinion, the very fact that a difference of opinion exists creates a doubt as to the law; and in case of doubt we do not render a verdict to collect.
SOURCES: Am II, 161; Mord. Sheb. 774; Tesh. Maim. to Mishpatim, 56; Agudah Sheb. 36; cf. Pr. 185; ibid. 699b.
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