PEH752
Title
PEH752
Hirsch Summary
A brought a very valuable silk garment to B before embarking on a long business trip, asking B to hold it for him. B then pawned the garment to C. When A returned, B had passed away. A approached C and demanded the immediate return of the garment, which was generally known to belong to him. Joseph ben Moses Alvarez ruled that, since B was not the rightful owner but had acted like a thief, and since A had never relinquished ownership of his property, A was entitled to the garment. Furthermore, the concept of "transfer of possession" holds legal significance only in cases of sale or gift, not in pawn transactions. Therefore, A only owed C the amount of B's debt, but no more than the value of the silk garment. The heirs of B were liable for the damage to both A and C.
Volume
10
Local
21
Written Date
1790-04-02
Published Date (est.)
1790-06-13
Author Short Name
AlvarezJ
Author
Alvarez, Joseph ben Moses
Rector Short Name
AcohenDav
Rector
Acohen d'Azevedo, David
Collection
Tags
Citation
“PEH752,” Pri Ets Haim Amsterdam Responsa, accessed July 6, 2025, https://pehh.library.utoronto.ca/items/show/11139.