Responsa for Ketubot 103:16
תנו רבנן נשבית והיו מבקשין ממנו עד עשרה בדמיה פעם ראשונה פודה מכאן ואילך רצה פודה רצה אינו פודה רבן שמעון בן גמליאל אומר
Our rabbis taught: [If a woman] was taken captive and they demanded that her husband pay ten times her value, he must redeem her the first time. Subsequently, if he wants he may redeem her, but if he does not want, he need not redeem her. R. Shimon b. Gamaliel says:.
Teshuvot Maharam
Q. [While B was out of town] B's wife was put under house arrest by the officer. The latter's servants kept constant watch over her not letting her take a single step outside of her house without their permission. She asked A to go surety for her to the officer. A complied with her wishes, and she was released. The officer, however, made unjust and extravagant demands on A, with which demands he was forced to comply. A now demands that B make good the losses he has suffered because of his suretyship.
A. B was under obligation to ransom his wife, for there was no practical difference between her being taken captive or her being placed under house arrest. When B's wife asked A to ransom her, she assumed responsibility for all damages A might suffer on this account. Since A is entitled to collect such damages from B's wife, and she is entitled to collect them from her husband B, A is entitled to collect such damages directly from B through "R. Nathan's lien" (garnishee proceedings).
SOURCES: Cr. 164. Cf. Agudah B. K. 138.
A. B was under obligation to ransom his wife, for there was no practical difference between her being taken captive or her being placed under house arrest. When B's wife asked A to ransom her, she assumed responsibility for all damages A might suffer on this account. Since A is entitled to collect such damages from B's wife, and she is entitled to collect them from her husband B, A is entitled to collect such damages directly from B through "R. Nathan's lien" (garnishee proceedings).
SOURCES: Cr. 164. Cf. Agudah B. K. 138.
Ask RabbiBookmarkShareCopy