Responsa for Bava Metzia 19:5
רב נחמן ורב חסדא דאמרי תרוייהו המגביה מציאה לחבירו לא קנה חבירו
It must therefore be concluded that it was intended to let us know that in the first clause also he stated <i>'first'</i>.<span class="x" onmousemove="('comment',' I.e., that the person who picked it up maintained that he took possession of it for himself right at the beginning. And the last clause teaches us that even if he claims to have picked it up for himself straightaway, his plea is not accepted, for by handing over the article to the rider he made it clear that he originally meant to acquire it for that person. ');"><sup>5</sup></span>
Teshuvot Maharam
Q. A lent money to a Gentile. Part of this money belonged to B, but the Gentile was unaware of it. A collected the loan but refused to give any part of it to B saying: "Go and demand your money from the Gentile."
A. A must pay B the money coming to B from the Gentile for the following reasons: a) We assume that A became a trustee for B's part of the loan and, therefore, must collect it for B, for how else did B expect to get his money back?; b) A caused a definite loss of money to B and must compensate him for such loss; c) the Gentile became obligated to pay money to B, even though he did not know that part of the money loaned to him belonged to B. Therefore, when the Gentile paid off his debt to A, he gave to A the money he owed to B, and A must give that money to B.
SOURCES: Pr. 254.
A. A must pay B the money coming to B from the Gentile for the following reasons: a) We assume that A became a trustee for B's part of the loan and, therefore, must collect it for B, for how else did B expect to get his money back?; b) A caused a definite loss of money to B and must compensate him for such loss; c) the Gentile became obligated to pay money to B, even though he did not know that part of the money loaned to him belonged to B. Therefore, when the Gentile paid off his debt to A, he gave to A the money he owed to B, and A must give that money to B.
SOURCES: Pr. 254.
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