Responsa for Shevuot 86:5
אמר שמואל האי מאן דאוזפיה אלפא זוזי לחבריה ומשכן ליה קתא דמגלא אבד קתא דמגלא אבד אלפא זוזי אבל תרתי קתאתי לא
swears that it is not in his possession,<span class="x" onmousemove="('comment',' For he may not have lost the pledge, but may have become enamoured of it and desired to retain it; he therefore says that he lost it, and wishes to pay its value. Consequently, he must take an oath that it is really not in his possession.');"><sup>6</sup></span> and the other one<span class="x" onmousemove="('comment',' The borrower.');"><sup>7</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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