Responsa for Shevuot 86:4
והשתא דאמר רב אשי דקיימא לן זה נשבע שאינה ברשותו וזה נשבע כמה שוה הכי קאמר מי נשבע תחלה מי שהפקדון אצלו שמא ישבע זה ויוציא הלה את הפקדון
For here the oath devolves upon the borrower, but the Rabbis removed it from the borrower, and imposed it upon the lender.<span class="x" onmousemove="('comment',' For the reason given in the MISHNAH:');"><sup>4</sup></span> But now that R'Ashi has said that we have established that this one<span class="x" onmousemove="('comment',' The lender.');"><sup>5</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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