Responsa for Gittin 26:1
קסבר רב פפא כי אמר רב לא שנא במלוה ולא שנא בפקדון
— R. Papa was of opinion that Rab's dictum was meant to apply equally whether [the sum in question was] a loan<span class="x" onmousemove="('comment',' [Though it cannot be regarded as being in the possession of the creditor, since the debtor is entitled to spend it. Consequently where a transfer is made by means of ma'amad shlashtan there would be no need for the money in question to be specially set aside.] ');"><sup>1</sup></span>
Teshuvot Maharam
Q. Rachel's husband became an apostate. She gave him one-half mark as the price of his granting her a divorce. After the divorce was delivered, the witnesses to the instrument went to R's father, and with his permission tore up R's ketubah. A had in his possession a deposit belonging to R's husband. R demanded that A give her the deposit in payment of her ketubah. The apostate, on the other hand, threatened A with great injury unless he returned the deposit to him.
A. Although the tearing of R's ketubah by her father does not cancel the apostate's obligation to R, A may not be forced to risk his life or property by handing over the deposit to R. A, therefore, should try to settle with the apostate for as little as possible, and give the remainder to R.
This Resp. is addressed to "my teachers and relatives, R. Joseph Kohen and R. Jacob."
SOURCES: Cr. 288; Pr. 974; Tesh. Maim. to Nezikim, 7; Mordecai Hagadol, p. 194b; ibid. p. 379c.
A. Although the tearing of R's ketubah by her father does not cancel the apostate's obligation to R, A may not be forced to risk his life or property by handing over the deposit to R. A, therefore, should try to settle with the apostate for as little as possible, and give the remainder to R.
This Resp. is addressed to "my teachers and relatives, R. Joseph Kohen and R. Jacob."
SOURCES: Cr. 288; Pr. 974; Tesh. Maim. to Nezikim, 7; Mordecai Hagadol, p. 194b; ibid. p. 379c.
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