Talmud Bavli
Talmud Bavli

Responsa for Bava Metzia 60:16

היה בטל מסלע לא יאמר לו תן לי סלע אלא נותן לו שכרו כפועל אם יש שם בית דין מתנה בפני ב"ד אם אין שם ב"ד בפני מי יתנה שלו קודם:

they must walk — to sick visiting; therein — to burial;<span class="x" onmousemove="('comment',' To give burial to the poor who cannot pay for it. Directly arising out of this teaching, the Burial Societies (chevra kaddisha — 'holy society') have always formed an important part of Jewish communal organization. ');"><sup>13</sup></span> and the work — to strict law; that they shall do — to [acts] beyond the requirements of the law.<span class="x" onmousemove="('comment',' Lit., 'within the line of judgment;' v. B.K. (Sonc. ed.) p. 584, n. 2. ');"><sup>14</sup></span> The Master said: 'they must walk — this refers to sick visiting.' But that is the practice of loving deeds! — That is necessary only in respect of one's affinity.<span class="x" onmousemove="('comment',' V. p. 171. n. 1. ');"><sup>15</sup></span>

Teshuvot Maharam

Q. B claims that he gave A fifteen pounds to lend it on interest for two years and then give the principal and the interest to B's son if he should consent to marry A's daughter. B's son, however, refused to marry A's daughter and B wants his money back. A claims that he had originally accepted B's money as a dowry for his daughter, that he had taken possession of the gift for her, and that the money, therefore, belongs to her.
A. A dowry gift becomes the property of the donee only if the marriage takes place. Therefore, neither A nor his daughter has ever gained title to B's money, and A must return the principal plus the interest to B. Even if B expressly stipulated that he will forfeit the 15 pounds if the marriage does not take place, such a stipulation is considered an Asmakhta and is not valid. B, however, must pay A for his trouble in managing B's investments.
SOURCES: Cr. 86; Pr. 285; Mord. B.B. 615; Agudah B.B. 198.
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Teshuvot Maharam

Q. B claims that he gave A fifteen pounds to lend it on interest for two years and then give the principal and the interest to B's son if he should consent to marry A's daughter. B's son, however, refused to marry A's daughter and B wants his money back. A claims that he had originally accepted B's money as a dowry for his daughter, that he had taken possession of the gift for her, and that the money, therefore, belongs to her.
A. A dowry gift becomes the property of the donee only if the marriage takes place. Therefore, neither A nor his daughter has ever gained title to B's money, and A must return the principal plus the interest to B. Even if B expressly stipulated that he will forfeit the 15 pounds if the marriage does not take place, such a stipulation is considered an Asmakhta and is not valid. B, however, must pay A for his trouble in managing B's investments.
SOURCES: Cr. 86; Pr. 285; Mord. B.B. 615; Agudah B.B. 198.
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