PEH003

PEH003

A merchant A in Amsterdam had shortly before Passover brought a shipload of grain and bread (Chamez) to his business friend B in London as a pledge. B had not sold it to a non-Jew despite the order, out of negligence. Is the cargo now forbidden for any enjoyment? Is B liable for the damage incurred? The respondent believes that the cargo is forbidden for any enjoyment. Although B does not have to pay the purchase price for the cargo, A could offset the claim from this grain delivery if he owed B something from other businesses. The questioner agrees with the prohibition of enjoyment; however, for the following three reasons, he denies the civil liability of B: 1.) The cargo was not yet in B's custody, but was still on the ship, 2.) it was a defect that was not recognizable on the goods themselves, 3.) it was not certain that B, even if he had tried, would have found a non-Jewish buyer. 5 pages.

1

1701-05-14

1728-07-07

Unknown

Unknown,

AthiasD

Athias, David Israel