Responsa for Chullin 165:50
בשאר ימות השנה דחוב הוא לו אין חבין לאדם שלא בפניו
MENTIONED IN CONNECTION WITH THE LAW OF 'IT AND ITS YOUNG' MEANS THE DAY AND THE NIGHT PRECEDING IT.<span class="x" onmousemove="('comment',' If therefore a man slaughtered the dam at night, he may not slaughter its young the whole of the following day. On the other hand, if he slaughtered the dam during the day, he may as soon as the night sets in slaughter the young.');"><sup>25</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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