תלמוד בבלי
תלמוד בבלי

Responsa על בבא בתרא 81:7

Teshuvot Maharam

Q. A, B, C, and D, were partners in a loan made by them. In repayment they received a quantity of silver which they divided among themselves by lot. Subsequently, A bought B's silver and sold it to merchants [probably Gentile merchants]. The latter broke up the silver and found it mixed with base metal. A averted a calamity by pacifying the merchants with gifts of money, thus preventing their bringing false accusations against him. A demands that B reimburse him with the price of the silver, and also compensate him for the money he had spent in pacifying the merchants.
A. The sale of the silver to A is void, since it was made in error. Similarly, the division of the silver among the partners is void, even though made by lot, since that too was made in error. However, B is not required to compensate A for the money he spent in pacifying the merchants, since B did not know, at the time of the sale, that his silver contained base metal. Moreover, even if B knew the contents of his silver, he would still be absolved from paying A the money he had given to the merchants, since he was only an indirect cause of A's loss, though he would be liable to punishment by the Heavenly Court.
SOURCES: P. 48, 49.
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Teshuvot Maharam

Q. A, wishing to appeal to a higher court, demands that the local court give him a written statement as to the reasons underlying the court's decision in his case versus B. Can B be enjoined from issuing execution on the rendered judgment until such time as the appeal has been disposed of?
A. No, B may collect his money immediately.
SOURCES: Cr. 280; Pr. 523; L. 128; Hag. Maim. to Sanhedrin, 6, 8.
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