תלמוד בבלי
תלמוד בבלי

Responsa על בבא קמא 232:10

Teshuvot Maharam

Q. A and B, who lived in the territory of one lord, lent money on a partnership basis. Without the permission of his lord, A moved away into the territory of another lord. His former lord became angry and said to B: "I shall help you to collect your part of the loans, but not A's part." May B retain for himself the part of the loan which he will collect?
A. B has a right to dissolve the partnership without A's consent if the continuation of the partnership will cause him a loss of money. Therefore, if B, before he collected his part of the loans, expressly stated that he was going to collect only his share, then he may keep whatever he has collected. But, if he made no such statement, he must share the money he has collected with A.
This Responsum was addressed to R. Haim.
SOURCES: Pr. 105; Mord. B. K. 181; Hag. Maim. to Sheluhim ve Shutfim, 4, 5; Mordecai Hagadol, p. 256b; Agudah B. K. 143. Cf. Moses Minz, Responsa 22.
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Maharach Or Zarua Responsa

Q - The community of T lent 200 pounds to the feudal lord. A who was living in T, at the time, contributed his share toward the loan. Afterwards, A moved out of T. Subsequently, the feudal lord imposed a tax on the community and credited the community with the 200 pounds, which it lent him, toward the payment of this tax. A demands the return of his share of the money, which he gave toward the loan to the feudal lord [inasmuch as the loan was repaid, when the latter permitted the community to deduct it from the tax]. A asserts that since he is no longer a resident of T, and was not required to pay the tax, he is entitled to receive his share of the loan.
The community contends that when A had given his share of the loan, he had despaired of ever receiving it back, since everyone felt that the feudal lord would never repay the loan.
A - The community must return to A, his share of the loan because: 1) A had not fully abandoned hope of receiving his money back from the feudal lord, inasmuch as the feudal lord occasionally repays the money he borrows. 2) The feudal lord desired to repay his creditors and had no resignation whatsoever, with regard to any money that was intended for his creditors, but for some reason, was not given to them. Therefore, unless the community returns the money to A, who is one of the creditors of the feudal lord, it would be guilty of stealing from the feudal lord, and Jewish law forbids stealing from a non-Jew, even where it was unbeknown to the latter.
R. Hayyim Eliezer notes that it is a common practice when the king incarcerates someone and confiscates his property, the community does not share with him, his loss.
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