Responsa for Shevuot 86:2
אמר שמואל ארישא וכן אמר רבי חייא בר רב ארישא וכן א"ר יוחנן ארישא
You may infer this [in any case], for the oath devolves upon the lender!<span class="x" onmousemove="('comment',' For he is the one who admits a portion of the claim.');"><sup>3</sup></span> - Said Samuel: It refers to the first clause: and so said R'Hiyya B'Rab: It refers to the first clause; and so said R'Johanan: It refers to the first clause.
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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