Responsa for Makkot 13:1
אילעא וטוביה קריביה דערבא הוה סבר רב פפא למימר גבי לוה ומלוה רחיקי נינהו א"ל רב הונא בריה דרב יהושע לרב פפא אי לית ליה ללוה לאו בתר ערבא אזיל מלוה:
Illah and Tuvia were relatives of the guarantor. Rav Papa had thought to say, [They should be valid witnesses because] regarding the creditor and the borrower they are unrelated. Rab Huna brei dRav Yehushua said to Rav Papa, If the borrower doesn't have [the funds] won't the creditor go to the guarantor?
Teshuvot Maharam
Q. In the presence of witnesses A conveyed movables and immovables to his sons and daughters, as presents, giving one-eighth of such property to each. Subsequently, however, it was discovered that the witnesses were related to one of the recipients. May the recipients who are not related to the witnesses, each collect his share on the strength of the testimony of these witnesses?
A. The judges of Worms also inquired of me regarding this matter. Those who have preceded us debated this problem at length. Rabiah, in an actual case, ruled that the witnesses were completely disqualified. He based his decision on the ruling of R. Yohanan, Yer. Makkot ch. 1, hal. 7.
This Responsum is addressed to "my teacher Rabbi Asher".
SOURCES: Am II, 246. Cf. Asher, Responsa 3, 13.
A. The judges of Worms also inquired of me regarding this matter. Those who have preceded us debated this problem at length. Rabiah, in an actual case, ruled that the witnesses were completely disqualified. He based his decision on the ruling of R. Yohanan, Yer. Makkot ch. 1, hal. 7.
This Responsum is addressed to "my teacher Rabbi Asher".
SOURCES: Am II, 246. Cf. Asher, Responsa 3, 13.
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