Talmud Bavli
Talmud Bavli

Responsa for Pesachim 61:5

ואמר רבא אי פיקח שמעון מגבי להו ארעא והדר גבי לה מינייהו דאמר רב נחמן יתומים שגבו קרקע בחובת אביהם בעל חוב חוזר וגובה אותה מהן

and he [Simeon] set it [the money] up as a loan against himself,<span class="x" onmousemove="('comment',' S. could not pay for the field, so he gave him an IOU for the sum, pledging his own property as security.');"><sup>6</sup></span> then Reuben died, and Reuben's creditor came and seized [the estate] from Simeon, whereupon Simeon went and satisfied him with money, it is by right that the children of Reuben can go and say to Simeon, 'As for us, we [maintain that] our father left [us] movables in your possession, and the movables of orphans are not under lien to a creditor.'<span class="x" onmousemove="('comment',' Although their father had given security for this transaction, yet the orphans can plead, we inherited movables from our father which were in your possession, I.e., you merely owed him money, the field actually being yours; hence you should not have given that money to the creditor, because movables inherited by orphans are not subject to any lien; nor had you the right to withhold payment. Hence you still owe us the money.');"><sup>7</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.
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