PEH598

A bought goods from B for delivery at a specific time, and B undertook, with a handshake and a penalty clause, to deliver punctually. B provided security for the penalty with a pledge. Before the appointed time, C came and wanted to deliver the same goods to A. He thought B would not fulfill his obligation. A rejected C's offer. However, B could not obtain the goods. On the last day of the deadline, everyone, including A, fled from an approaching hostile army. A declared the security forfeited. B raised two objections against this. He argued: 1. C wanted to deliver the goods in the meantime, 2. the goods would have been plundered by the enemies during the looting. Abraham ben David Fidanque decides that both objections are unfounded.

7

35

1777-07-12

1777-08-04

Salem, Salomo