Responsa for Bava Metzia 33:16
אלא לאו ביומיה אלמא פרעי אינשי ביומיה
R. Abin said in the name of R. Elai, who said in the name of R. Johanan: If one was due [to take] an oath [in regard] to [a claim of] his neighbour, and he said, 'I took the oath,' but witnesses testify that he did not take the oath, while he repeats the assertion, 'I did take the oath,' [we say:] 'He has been found to be a liar in regard to this oath.'<span class="x" onmousemove="('comment',' And he is obliged to take the oath in Court. ');"><sup>15</sup></span>
Teshuvot Maharam
Q. Rachel's husband became an apostate. She gave him one-half mark as the price of his granting her a divorce. After the divorce was delivered, the witnesses to the instrument went to R's father, and with his permission tore up R's ketubah. A had in his possession a deposit belonging to R's husband. R demanded that A give her the deposit in payment of her ketubah. The apostate, on the other hand, threatened A with great injury unless he returned the deposit to him.
A. Although the tearing of R's ketubah by her father does not cancel the apostate's obligation to R, A may not be forced to risk his life or property by handing over the deposit to R. A, therefore, should try to settle with the apostate for as little as possible, and give the remainder to R.
This Resp. is addressed to "my teachers and relatives, R. Joseph Kohen and R. Jacob."
SOURCES: Cr. 288; Pr. 974; Tesh. Maim. to Nezikim, 7; Mordecai Hagadol, p. 194b; ibid. p. 379c.
A. Although the tearing of R's ketubah by her father does not cancel the apostate's obligation to R, A may not be forced to risk his life or property by handing over the deposit to R. A, therefore, should try to settle with the apostate for as little as possible, and give the remainder to R.
This Resp. is addressed to "my teachers and relatives, R. Joseph Kohen and R. Jacob."
SOURCES: Cr. 288; Pr. 974; Tesh. Maim. to Nezikim, 7; Mordecai Hagadol, p. 194b; ibid. p. 379c.
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