Responsa על בבא קמא 115:5
Teshuvot Maharam
Q. A was robbed of his books during a riot. The books were later recognized in B's possession. Must B return the books to A upon receiving the amount he paid to the robbers?
A. Since the books were taken by Gentile robbers, A did not lose hope of retrieving them (B. K. 114a) and thus legally retained title to his books. Therefore, B must return the books to A. B is not entitled to any compensation, since it was common knowledge that A was robbed of his books, and since B bought them from known robbers.
This Responsum is addressed to "my teacher Rabbi Eliakim."
SOURCES: Pr. 1009; Cr. 196–7; Mord. B. K. 163.
A. Since the books were taken by Gentile robbers, A did not lose hope of retrieving them (B. K. 114a) and thus legally retained title to his books. Therefore, B must return the books to A. B is not entitled to any compensation, since it was common knowledge that A was robbed of his books, and since B bought them from known robbers.
This Responsum is addressed to "my teacher Rabbi Eliakim."
SOURCES: Pr. 1009; Cr. 196–7; Mord. B. K. 163.
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