Responsa על קידושין 55:9
Teshuvot Maharam
Q. A traded his horse with B for wine, and B received the horse. Before B shipped the wine to A, a Gentile claimed that the horse had been stolen from him, and took it away from B. Now B refuses to ship the wine to A, claiming the transaction was made in error.
A. As soon as B received the horse, the wine became A's property, and B cannot retain it. If A claims that his horse was not a stolen horse and that the Gentile took it away unjustly, or that he (A) had no knowledge that it was a stolen horse, he is not responsible (since we cannot rely on the Gentiles' word). If, however, B can prove that at the time of the transaction A knew that it was a stolen horse and that the Gentile had a right to take it, B may keep his wine.
SOURCES: Cr. 186; Pr. 35; Tesh. Maim. to Kinyan, 6; Mord. B. M. 298.
A. As soon as B received the horse, the wine became A's property, and B cannot retain it. If A claims that his horse was not a stolen horse and that the Gentile took it away unjustly, or that he (A) had no knowledge that it was a stolen horse, he is not responsible (since we cannot rely on the Gentiles' word). If, however, B can prove that at the time of the transaction A knew that it was a stolen horse and that the Gentile had a right to take it, B may keep his wine.
SOURCES: Cr. 186; Pr. 35; Tesh. Maim. to Kinyan, 6; Mord. B. M. 298.
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