Responsa for Ketubot 134:10
ת"ר (דברים טו, ח) העבט זה שאין לו ואינו רוצה להתפרנס שנותנים לו לשום הלואה וחוזרין ונותנין לו לשום מתנה תעביטנו זה שיש לו ואינו רוצה להתפרנס שנותנין לו לשום מתנה וחוזרין ונפרעין הימנו לאחר מיתה דברי ר' יהודה
Our Rabbis taught: “Lend” (Deuteronomy 15:8) refers to one who does not have the means and is does not want to be provided for [from the poor funds] to whom they give as a loan and then give it to him as a gift. “You shall lend to him:” refers to one who has the means and does not wish to provide for himself [at his own expense] to whom they give as a gift and then reclaim from him after his death, the words of R. Judah.
Teshuvot Maharam
Q. A Jew stole a horse from a Gentile. The court decided that he should take an oath, in the presence of other Jews, denying the charge of stealing. The Jews are aware that he intends to take a false oath. What should they do?
A. The Jews should state that they do not want to listen to this oath. Moreover, they would do a very meritorious deed if they would settle with the Gentile for a definite sum of money. Then they would be entitled to collect that sum from the thief. The Jews were required to force the thief to such a settlement, in order that he should not cause the name of God to be profaned.
SOURCES: L. 233; Hag. Asheri Shebuot 4, 1.
A. The Jews should state that they do not want to listen to this oath. Moreover, they would do a very meritorious deed if they would settle with the Gentile for a definite sum of money. Then they would be entitled to collect that sum from the thief. The Jews were required to force the thief to such a settlement, in order that he should not cause the name of God to be profaned.
SOURCES: L. 233; Hag. Asheri Shebuot 4, 1.
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