Talmud Bavli
Talmud Bavli

Responsa for Bava Metzia 165:8

אתא לקמיה דרבא א"ל ארבע מאה דני חמרא תקיפי קלא אית לה למילתא זיל אייתי ראיה דמעיקרא כי מזבנת להו חמרא מעליא הוה ואיפטר א"ל רב יוסף בריה כמאן כאיסי א"ל אין כאיסי וסבירא לן כוותיה

Whereupon R. Eliezer observes: Verily, I have a tradition in accordance With R. Meir; nevertheless, I am astonished that both should swear. As for an unpaid bailee, it is well: he swears that he was guilty of no negligence. But why should a paid bailee swear? Even if not negligent, he is still bound to pay! And even with respect to an unpaid bailee, it [sc. the ruling] is correct [if the accident happened] on sloping ground; but if not on sloping ground, can he possibly swear that he was not negligent! And even on sloping ground, it is reasonable [that the bailee swears] where no evidence is possible; but where it is, let him adduce evidence and [only] then be freed from liability! For it has been taught: Issi b. Judah said: [<i>If a man deliver unto his neighbour an ass&nbsp;… to keep: and it die, or be hurt, or driven away,] no man seeing it: Then shall an oath of the Lord be between them both</i>;<span class="x" onmousemove="('comment',' Ibid. ');"><sup>8</sup></span>

Teshuvot Maharam

Q. What is the value of the one hundred pounds that a person obligates himself, in the ketubah document, to pay to his wife in case of death or divorce?
A. In Würzburg a well established local custom is followed to permit a woman to collect two hundred marks. This custom, however, is not logical, for the term "pound" is thus interpreted to mean a pound by weight (16 ounces) which is equivalent to two marks. But if this interpretation is correct why do we not explicitly write in the ketubah: "one hundred pounds by weight"? Thus, I once saw my teacher and relative Rabbi Judah haKohen order the insertion of such phrase in the ketubah of one of his relatives. Since, however, we unqualifiedly write "one hundred pounds", we probably mean the coin "pound" and refer to the largest money unit current in the particular town. Rabbi Simha established the custom of paying the widow or divorcee one hundred marks as her ketubah, thus interpreting the above mentioned phrase to mean one hundred pounds of heavy coins (ליבריינ"ש), one pound of which is equivalent to a mark. Indeed, I have heard that in Worms only one hundred pounds Heller are paid; this custom of paying pounds current in the particular town seems to me preferable to all other customs. However, one must follow the custom of his locality. In the absence of a local custom, the custom of the town where the wedding took place should be followed. If no custom exists in this town either, one should pay one hundred pounds of the coins current in his present place of abode or in the town where the wedding took place — whichever is of lower value*The last statement is quite obscure since the talmudic source quoted in its support is in complete disagreement therewith..
SOURCES: Cr. 95.
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Teshuvot Maharam

Q. A demands from B rent for fifteen years, during which period B lived in his house. B claims that he paid the rent, and, in turn, demands payment for putting up, in A's house, certain necessary structures. A, however, claims that he did not ask B to put up such structures.
A. B should take an oath that he paid A the rent, and be free from that obligation. If B can prove, or if A admits, that he, B, put up the structures mentioned, B has a right to remove them.
SOURCES: Pr. 962.
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