Responsa for Eruvin 74:1
אלא אי בלקיחת בעלים אי בעשיית כהן
except at the time they are purchased by their owner<span class="x" onmousemove="('comment',' Who must then specifically declare the specific purpose for which each bird is to be used.');"><sup>1</sup></span> or when the priest prepares them [for the altar].<span class="x" onmousemove="('comment',' Ker. 28a, Yoma 41a; but if when the birds were bought none of them was designated as a burnt, or as a sin-offering, the priest is at liberty (cf. supra 11. 1) to choose either bird for either sacrifice.');"><sup>2</sup></span> Is it then still [maintained that] R'Jose is of the opinion that the rule of bererah is not to be upheld? W not in fact taught: If an 'Am ha-arez<span class="x" onmousemove="('comment',' V. Glos. texukd');"><sup>3</sup></span>
Teshuvot Maharam
A. Since B has been prevented, by death, from fulfilling his promise, he never became obligated to pay the 20*In some sources (Pr. 50, L. 355) the reading is “marks.” The discrepancy arose because of the similarity of the two Hebrew letters of Khaf and Beth, which stand for 20 and 2 respectively. The Cremona source and the Mord., however, used the word Esrim, 20, specifically. marks to A. Consequently his heirs owe nothing to A.
This question was also sent to R. Meir by his father, R. Baruch, who was one of the judges in this case.
SOURCES: Cr. 31; Pr. 50; Pr. 939; L. 355; Mord. B.M. 247; cf. Jacob Weil, Responsa 105; ibid. 142.
Teshuvot Maharam
A. Since B has been prevented, by death, from fulfilling his promise, he never became obligated to pay the 20*In some sources (Pr. 50, L. 355) the reading is “marks.” The discrepancy arose because of the similarity of the two Hebrew letters of Khaf and Beth, which stand for 20 and 2 respectively. The Cremona source and the Mord., however, used the word Esrim, 20, specifically. marks to A. Consequently his heirs owe nothing to A.
This question was also sent to R. Meir by his father, R. Baruch, who was one of the judges in this case.
SOURCES: Cr. 31; Pr. 50; Pr. 939; L. 355; Mord. B.M. 247; cf. Jacob Weil, Responsa 105; ibid. 142.