Reply To: Interesting shailos and tshuvos

Home Forums Bais Medrash Interesting shailos and tshuvos Reply To: Interesting shailos and tshuvos


Sheilo Utshuvo – Jews Go Jousting.

It’s from Sefer Mevo Hara’avyah, written in the 12th/13th Century by R’ Eliezer ben Yoel Halevi. It talks about Reuven who borrowed a suit of armour to go jousting and lost it and had to pay it back.

Reuven sued Shimon and claimed: I came to you to borrow your suit of armor (shiryonekha) in order to return it to you after two weeks or to pay you (26) [27] [14] [in exchange] I will pay you the 27 [old] Cologne denarii.

The rest carries on:

Shimon replied: From the time of the exchange more than half a year has passed and you were required to repay the debt to me immediately. But you pushed me off day after day, until I could forebear no longer and I sold 12 new coins for 13 old ones, and everyone in our city knows that this was the exchange rate. But now the old ones have gone down in value and I traded 14 [old ones] for 12 simple new ones. And that is why you come to sue me and besmirch (le-ha`alil) me. Moreover, I told you then explicitly that I did not want to accept them except at an exchange rate of 12 for 13, and you agreed. Also I was responsible for looking after your collateral and preserving your profit if the value increased. But if the value had decreased I would have left it, and not [acted] in this way (?). Reuven said: I deposited them as collateral and you have no right to receive interest from me. Answer: Based on their statements, it seems to me that if [Reuven] deposited collateral that required an appraisal, Shimon should not have sold it, except by order of a court or three others who [would arrange that] an appraisal be performed by experts. And if it increased in value in the hands of the lender or in the hands of the depositor, then so it did and that is his good fortune.

Cool !!!!