Responsa for Chullin 165:17
מ"ט דרבי יהודה כגון דלית ביה כזית דתניא
<big><b>MISHNAH: </b></big>AT FOUR PERIODS IN THE YEAR HE WHO SELLS A BEAST TO ANOTHER MUST INFORM HIM, I SOLD TO-DAY ITS DAM TO BE SLAUGHTERED', OR''I SOLD TO-DAY ITS YOUNG TO BE SLAUGHTERED',<span class="x" onmousemove="('comment',' It is presumed that on these special days animals would be slaughtered on the day that they are bought, so as to have meat prepared for the Festival that is on the following day. This information is necessary in order to avoid the slaughtering of the dam and its young on the same day');"><sup>8</sup></span>
Teshuvot Maharam
Q. A had paid off the greater part of the loan he had contracted from Gentile money-lenders against a pledge. B wanted to borrow money from these money-lenders. He asked A to permit him to borrow money against this pledge of A that was still in the hands of the Gentiles, and A assented. Subsequently, the Gentile's house burned down and A's pledge was lost [in the flames]. Must B compensate A for this loss?
A. Since B did not take possession of A's pledge, he never became responsible for its safety. Therefore, B owes nothing to A. Although the burning of A's pledge cancelled B's debt to the Gentiles (by the law of the land), and thus directly benefited B, Heaven bestowed a blessing upon him; why should he therefore share it with A?
This Responsum was addressed to Rabbi Asher.
SOURCES: Am II, 159; Mord. B. M. 371; Tesh. Maim. to Mishpatim, 60; Mordecai Hagadol, p. 289b.
A. Since B did not take possession of A's pledge, he never became responsible for its safety. Therefore, B owes nothing to A. Although the burning of A's pledge cancelled B's debt to the Gentiles (by the law of the land), and thus directly benefited B, Heaven bestowed a blessing upon him; why should he therefore share it with A?
This Responsum was addressed to Rabbi Asher.
SOURCES: Am II, 159; Mord. B. M. 371; Tesh. Maim. to Mishpatim, 60; Mordecai Hagadol, p. 289b.
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