Responsa for Bava Metzia 163:6
אי בדלא שוי משכון שיעור זוזי דכולי עלמא לית להו דשמואל והכא בדשוי שיעור זוזי וקא מיפלגי בדר' יצחק
— [No!] When the pledge is worth less than the loan, all reject Samuel's ruling.<span class="x" onmousemove="('comment',' According to R. Eliezer he bears no responsibility at all, according to R. Akiba his responsibility is limited to the value of the pledge. ');"><sup>6</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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