Responsa for Shevuot 86:1
<big><strong>גמ׳</strong></big> אהייא אילימא אסיפא ותיפוק ליה דשבועה גבי מלוה
<big><b>GEMARA: </b></big>To what does it refer?<span class="x" onmousemove="('comment',' The statement of the Mishnah that the lender takes the oath.');"><sup>1</sup></span> Shall we say, to the last clause?<span class="x" onmousemove="('comment',' Where the borrower claims a sela' from the lender, and the lender admits owing him a denar.');"><sup>2</sup></span>
Maharach Or Zarua Responsa
Q - A wanted to borrow money from B but the latter refused to lend A any money whatsoever, unless A would deposit a pledge with a third party chosen by B. C was designated by B, to act as the third party. B, thereupon, lent A the money, only after having learned that the pledge was already in C's possession. The pledge was destroyed in a conflagration. A claims that B should bear the responsibility for the loss of the pledge, since B had insisted that the pledge be placed in C's possession.
A - B is not held responsible for the loss of the pledge, even if C was found to be guilty of negligence, since A had personally given the pledge to C.
A - B is not held responsible for the loss of the pledge, even if C was found to be guilty of negligence, since A had personally given the pledge to C.
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