Talmud Bavli
Talmud Bavli

Responsa for Gittin 61:2

<big><strong>מתני׳</strong></big> המניח פירות להיות מפריש עליהן תרומה ומעשרות מעות להיות מפריש עליהן מעשר שני מפריש עליהן בחזקת שהן קיימין אם אבדו הרי זה חושש מעת לעת דברי ר' אלעזר

so the <i>terumah</i> of the tithe is set aside by estimate and by intention; and just as the owner has the right to set aside the 'great terumah', so he has the right to set aside the <i>terumah</i> of the tithe.<span class="x" onmousemove="('comment',' Even before giving it to the Levite. ');"><sup>4</sup></span> <b><i>MISHNAH</i></b>. IF A MAN SETS ASIDE PRODUCE WITH THE IDEA OF RECKONING IT AS <i>TERUMAH</i> AND TITHE,<span class="x" onmousemove="('comment',' Lit., 'of setting aside on their account', i.e., with the idea of making it terumah or tithe for other produce. ');"><sup>5</sup></span> OR MONEY WITH THE IDEA OF RECKONING IT AS SECOND TITHE,<span class="x" onmousemove="('comment',' The tithe which had to be turned into money to be spent in Jerusalem. V. Deut. XIV, 22-27. ');"><sup>6</sup></span>

Teshuvot Maharam

Q. While A and B were in Hungary, A gave to him ten gilded vessels and two copper ones for delivery in Mayence. The gilded were to be delivered to C, and the copper to D. B, however, failed to deliver the vessels as instructed. A long time afterwards, A's brother came to Mayence and asked B about the vessels. B said that he forgot to deliver them at the time; and that he lost them without knowing exactly where, either in Mayence or in Hungary. He was, therefore, willing to pay A for the value of such vessels in Hungary. A, however, demanded the price of such vessels in Mayence.
A. If the place where B lost the vessels were known, B would have to pay their price as of that place. However, since the place of the loss is not known, B must pay the amount the vessels cost in Mayence.
SOURCES: Pr. 935; Mordecai Hagadol, p. 152 b.
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