Responsa for Kiddushin 55:9
<big><strong>מתני׳</strong></big> כל הנעשה דמים באחר כיון שזכה זה נתחייב זה בחליפיו כיצד החליף שור בפרה או חמור בשור כיון שזכה זה נתחייב זה בחליפיו:
For Raba said: A Hebrew slave belongs bodily [to his master].<span class="x" onmousemove="('comment',' V. supra, p. 70, n. 2. Hence it is not an ordinary claim of money.');"><sup>12</sup></span> If so, it is the equivalent of land?<span class="x" onmousemove="('comment',' For a heathen slave, belonging bodily to his master, ranks as real estate (v. supra 22b) and the same will apply to a Hebrew slave according to Raba's dictum. But then it is already stated in the MISHNAH:');"><sup>13</sup></span>
Teshuvot Maharam
Q. A traded his horse with B for wine, and B received the horse. Before B shipped the wine to A, a Gentile claimed that the horse had been stolen from him, and took it away from B. Now B refuses to ship the wine to A, claiming the transaction was made in error.
A. As soon as B received the horse, the wine became A's property, and B cannot retain it. If A claims that his horse was not a stolen horse and that the Gentile took it away unjustly, or that he (A) had no knowledge that it was a stolen horse, he is not responsible (since we cannot rely on the Gentiles' word). If, however, B can prove that at the time of the transaction A knew that it was a stolen horse and that the Gentile had a right to take it, B may keep his wine.
SOURCES: Cr. 186; Pr. 35; Tesh. Maim. to Kinyan, 6; Mord. B. M. 298.
A. As soon as B received the horse, the wine became A's property, and B cannot retain it. If A claims that his horse was not a stolen horse and that the Gentile took it away unjustly, or that he (A) had no knowledge that it was a stolen horse, he is not responsible (since we cannot rely on the Gentiles' word). If, however, B can prove that at the time of the transaction A knew that it was a stolen horse and that the Gentile had a right to take it, B may keep his wine.
SOURCES: Cr. 186; Pr. 35; Tesh. Maim. to Kinyan, 6; Mord. B. M. 298.
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