Responsa for Chullin 165:18
אכלו ואין בו כזית חייב ר' יהודה אומר
NAMELY, ON THE EVE OF THE LAST DAY<span class="x" onmousemove="('comment',' The last day of the Feast of Tabernacles was regarded as a festival by itself and was observed with special celebrations and feasting. On the eve of the commencement of the Feast of Tabernacles, Israelites are usually preoccupied with the erection of 'booths' and would not find time for purchasing and slaughtering animals.');"><sup>9</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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