Responsa for Gittin 25:7
במאי עסקינן אילימא בבריא כי צבורין מאי הוי הא לא משך ואלא בשכיב מרע מאי איריא צבורין כי אין צבורין נמי דהא קיי"ל דדברי שכיב מרע ככתובים וכמסורין דמו
[the last named] becomes legally entitled to it.<span class="x" onmousemove="('comment',' [V. B.B. (Sonc. ed.) p. 616, nn. 15-16. This principle known as Ma'amad shlashtan which provides for the transfer of claims to a third party is assumed by R. Zebid to apply only to deposits because they are considered to be in the legal possession of the owner wherever they may be at the time. Similarly in the Mishnah it is necessary for the money to be specially set aside.] ');"><sup>5</sup></span>
Teshuvot Maharam
Q. A vowed to quit gambling and promised to give one mark for a holy cause should he break his vow. He subsequently gave money to a friend to gamble for him. Must he pay the promised mark?
A. Vows are interpreted according to common parlance. If the phrase "I will not gamble again" includes, in common parlance, gambling by proxy, he must pay the fine. If, however, the implications of the phrase in common speech can not be determined, we must follow Biblical use of terms. In Biblical law a person is responsible for the acts of his agent unless the agent himself commits a sin by carrying out his mission. Although A's vow was made in the form of Asmakta, it is binding since all promises to a holy cause, even when made in the form of Asmakta, are binding.
SOURCES: Cr. 299, 300; Pr. 493, 494; L. 211, 212; Mordecai Hagadol p. 337b. Cf. Asher, Responsa 13, 2; Agudah B.K. 51.
A. Vows are interpreted according to common parlance. If the phrase "I will not gamble again" includes, in common parlance, gambling by proxy, he must pay the fine. If, however, the implications of the phrase in common speech can not be determined, we must follow Biblical use of terms. In Biblical law a person is responsible for the acts of his agent unless the agent himself commits a sin by carrying out his mission. Although A's vow was made in the form of Asmakta, it is binding since all promises to a holy cause, even when made in the form of Asmakta, are binding.
SOURCES: Cr. 299, 300; Pr. 493, 494; L. 211, 212; Mordecai Hagadol p. 337b. Cf. Asher, Responsa 13, 2; Agudah B.K. 51.
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