Responsa for Gittin 26:6
מתקיף לה רב אשי ומאן נימא לן דמתני' רבי שמעון שזורי היא דלמא רבנן היא
The text above stated: 'R. Huna said in the name of Rab: If a man says, You owe me a <i>maneh</i>, give it to So-and-so, [if he said this] in the presence of the third party, [the last-named] becomes legally entitled to it.' [Commenting on this,] Raba said, This dictum of Rab appears to be sound where [the money in question] is a deposit but not where it is a loan.<span class="x" onmousemove="('comment',' V. supra p. 47. nn. 2 and 3. ');"><sup>6</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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