Talmud Bavli
Talmud Bavli

Responsa for Eruvin 74:7

האי סלע חדשה ה"ד אי דאיכא תרתי תלת דיש ברירה היינו קמייתא אלא דליכא אלא חדא מאי תעלה

If there are two or three [other new sela's in his purse] so that selection is possible<span class="x" onmousemove="('comment',' The last five words are omitted from Bomb. ed.');"><sup>19</sup></span> then this case is exactly identical with the first one.<span class="x" onmousemove="('comment',' Where an ordinary sela' was spoken of. As R. Jose ruled in the first case (according to the reversed version) that the tithe is not redeemed because it is impossible to ascertain which particular sela' the man had originally in his mind, so he should have ruled in the latter case also where it is equally impossible to ascertain which of the two or three new coins the man had originally in mind.');"><sup>20</sup></span> If, however, there was only one, what [sense is there in the expression,] 'That would happen to come?<span class="x" onmousemove="('comment',' None other, surely, could possibly come.');"><sup>21</sup></span> - As in the first clause it was taught: 'That would happen to come', it was taught in the final clause also, 'That would happen to come'.<span class="x" onmousemove="('comment',' For the sake of parallelism.');"><sup>22</sup></span>

Teshuvot Maharam

Q. B promised his young daughter in marriage to A's minor son. He gave A a written document obligating himself, from the time of the promise, to be A's debtor for 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 should his daughter refuse to accept kiddushin from B's son when he will have arrived at his majority, or in case A himself should refuse to accept the kiddushin for his daughter. B died before A's son reached the age of 13, and his daughter married someone else. Now A demands 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 from B's heirs.
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.
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Teshuvot Maharam

Q. B promised his young daughter in marriage to A's minor son. He gave A a written document obligating himself, from the time of the promise, to be A's debtor for 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 should his daughter refuse to accept kiddushin from B's son when he will have arrived at his majority, or in case A himself should refuse to accept the kiddushin for his daughter. B died before A's son reached the age of 13, and his daughter married someone else. Now A demands 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 from B's heirs.
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.
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