Responsa for Gittin 26:7
גופא אמר רב הונא אמר רב מנה לי בידך תנהו לו לפלוני במעמד שלשתן קנה אמר רבא מסתברא מילתיה דרב בפקדון אבל במלוה לא והאלקים
But, by God! Rab said that it applies even where it is a loan. It has also been stated that Samuel said in the name of Levi: If a man says. You owe me some money, give it to So-and-so, [if he said so] in the presence of the third party. [the last-named] becomes the legal owner. What is the reason? — Amemar said: [The borrower in such case] is regarded as having pledged himself at the time of borrowing the money to repay it either to the lender or to anyone coming on his behalf. Said R. Ashi to Amemar: But on your showing, if the lender transferred the debt to children who had not yet been born when the loan was made, they would not acquire possession?<span class="x" onmousemove="('comment',' Because the borrower could not be considered to have pledged himself to repay them. ');"><sup>7</sup></span>
Teshuvot Maharam
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.