Responsa for Bava Metzia 69:4
אביי אומר גזירה שמא יטעון ויאמר לו אחר שבועה מצאתיה רב אשי אמר זה נשבע וזה נשבע זה נשבע שאינה ברשותו וזה נשבע כמה היה שוה והכי קאמר מי נשבע תחילה מלוה נשבע תחילה שמא ישבע זה ויוציא הלה את הפקדון
Abaye said: We fear lest he plead, saying to him, 'I found it after the oath.' R. Ashi said: Both must swear: one [sc. the creditor] that it is not in his possession; and the other, how much it was worth — And this is its meaning: Who swears first? The creditor must swear first [that the pledge is not in his possession], lest the other swear and then he produce the bailment.
Teshuvot Maharam
Q. A lent a silver key to B's wife. She says that she has lost the key. Has A any claim upon B, or his wife, for the value of the key?
A. Most authorities agree that a person cannot collect from the husband the value of an object lent to, or deposited with, his wife, and lost by her, even in cases where she is a business woman conducting her husband's affairs with his full knowledge and consent. But a ban should be pronounced in the synagogue against those persons (including B's wife) who have the silver key in their possession and do not return it to A, and also against those persons who may receive such key in the future and will not return it to its owner. Moreover, A should receive a court decision entitling him to collect from B's wife, should she become widowed or divorced, an amount equal to the value of the key. A clause should be included in the decision providing that in case of a dispute between A and B's wife regarding the value of the key, it will be incumbent upon her to take an oath as to the value of the key.
SOURCES: L. 206.
A. Most authorities agree that a person cannot collect from the husband the value of an object lent to, or deposited with, his wife, and lost by her, even in cases where she is a business woman conducting her husband's affairs with his full knowledge and consent. But a ban should be pronounced in the synagogue against those persons (including B's wife) who have the silver key in their possession and do not return it to A, and also against those persons who may receive such key in the future and will not return it to its owner. Moreover, A should receive a court decision entitling him to collect from B's wife, should she become widowed or divorced, an amount equal to the value of the key. A clause should be included in the decision providing that in case of a dispute between A and B's wife regarding the value of the key, it will be incumbent upon her to take an oath as to the value of the key.
SOURCES: L. 206.
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Teshuvot Maharam
Q. A gave to a broker a ring to sell. The broker lost the precious stone of the ring. The Rabbis of the town are of varied opinions. Some say that the broker is responsible for the loss, and others are of the opinion that he is not responsible.
A. The responsibility of the broker is that of a hired watchman since he took the ring in the anticipation of making a profit. The broker, therefore, must swear that the stone is not in his possession; he must also take an oath as to the value of the stone, and must repay that amount to A.
SOURCES: Pr. 547, 548; Mord. B. M. 359. Cf. Agudah B. M. 127.
A. The responsibility of the broker is that of a hired watchman since he took the ring in the anticipation of making a profit. The broker, therefore, must swear that the stone is not in his possession; he must also take an oath as to the value of the stone, and must repay that amount to A.
SOURCES: Pr. 547, 548; Mord. B. M. 359. Cf. Agudah B. M. 127.
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