Responsa for Shevuot 86:7
תנן סלע הלויתיך עליו ושקל היה שוה והלה אומר לא כי אלא סלע הלויתני עליו ושלשה דינרין היה שוה חייב לימא ליה הא קבילתיה
LEST, IF THE OTHER TAKE THE OATH [FIRST],<span class="x" onmousemove="('comment',' About the value of the deposit.');"><sup>10</sup></span> THIS ONE MAY BRING OUT THE DEPOSIT.<span class="x" onmousemove="('comment',' And show that the other had sworn falsely as to its value.');"><sup>11</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.
Ask RabbiBookmarkShareCopy