Responsa for Pesachim 61:1
ואתי מלוה ופריק דתנן מוסיף עוד דינר ופודה את הנכסים האלו כי פליגי דזבין מלוה וקדיש מלוה
and the creditor can come and redeem it,<span class="x" onmousemove="('comment',' From hekdesh, at a mere trifle, not at its full value, so that some form of redemption may be observed.');"><sup>1</sup></span> for we learned: He adds another denar and redeems this property.<span class="x" onmousemove="('comment',' 'Er. 23b. If the debtor dedicates to hekdesh property worth ninety manehs, while his debt is one hundred manehs, the creditor adds (i.e., gives) just one denar as a formal redemption and seizes it. Thus in both cases they agree that the pledge belonged retrospectively to the creditor.');"><sup>2</sup></span>
Teshuvot Maharam
Q. A claims he has no cash and wants to repay his debt to B with goods. B demands that A swear that he has no cash. Is it not true that the court can not require an oath from A since no actual loss of money to B is involved?
A. The fact that there is no actual loss of money to B does not, of itself, absolve A from taking an oath. A is not required to take the oath for another reason. B can not claim to be certain that A has cash, and no one is required to take an oath when his opponent is not certain of his claim.
This Responsum is addressed to Rabbi Asher b. Moses.
SOURCES: Cr. 7, 8; Pr. 109; L. 360. Cf. Am II, 224.
A. The fact that there is no actual loss of money to B does not, of itself, absolve A from taking an oath. A is not required to take the oath for another reason. B can not claim to be certain that A has cash, and no one is required to take an oath when his opponent is not certain of his claim.
This Responsum is addressed to Rabbi Asher b. Moses.
SOURCES: Cr. 7, 8; Pr. 109; L. 360. Cf. Am II, 224.
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Teshuvot Maharam
Q. A claims he has no cash and wants to repay his debt to B with goods. B demands that A swear that he has no cash. Is it not true that the court can not require an oath from A since no actual loss of money to B is involved?
A. The fact that there is no actual loss of money to B does not, of itself, absolve A from taking an oath. A is not required to take the oath for another reason. B can not claim to be certain that A has cash, and no one is required to take an oath when his opponent is not certain of his claim.
This Responsum is addressed to Rabbi Asher b. Moses.
SOURCES: Cr. 7, 8; Pr. 109; L. 360. Cf. Am II, 224.
A. The fact that there is no actual loss of money to B does not, of itself, absolve A from taking an oath. A is not required to take the oath for another reason. B can not claim to be certain that A has cash, and no one is required to take an oath when his opponent is not certain of his claim.
This Responsum is addressed to Rabbi Asher b. Moses.
SOURCES: Cr. 7, 8; Pr. 109; L. 360. Cf. Am II, 224.
Ask RabbiBookmarkShareCopy