| { |
| "title": "Mahari Bruna", |
| "language": "en", |
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| [ |
| "I have been asked: Reuven demands of Shimon: “Get out of my house.” Shimon responds: “I have a contract saying that I have rented from you all my life. I will show it to the rabbinical court, and they will read it in your presence.” Reuven demands, “Give me a copy so that I can respond.” Shimon retorts: “I do not want you undermining my contract.”", |
| "I ruled that Shimon must give him a copy, and my colleagues agreed. They later showed me a responsum of Rosh (Responsa Rosh 68:24) stating that, indeed, a copy of all documents must be submitted for scrutiny. I read this carefully, and it implies that [the litigant] does not concede that there is a contract, but says that he can ascertain from the writing that it is forged or has already been paid. However, if one concedes that there is a contract but wants to undermine it, it seems that he should not be given a copy. For it is stated in the chapter “[Get] Pashut” (Bava Batra 168a): “It is unpleasant for me for my claims to be in your hands.” And Rosh explained this that specifically in the case of a contract, a copy must be submitted, for if it is forged, then all is well, and if it is not, he will not be able to discredit it as a forgery and ruin it. So what harm is there? On the contrary, justice will come to light. Statements of claim, on the other hand, should not be given to the other litigant. ", |
| "[Rosh’s] responsum requires further study, as it implies that if Reuven sues Shimon, and Reuven has a contract, and the contract is the basis of his suit, then Shimon may claim “show me your contract.” But in the opposite case, where Reuven has Shimon, and Shimon has the contract, and Reuven demands, “You have a contract that obligates me; give me a copy so that I will know how much I owe you to fulfill it,” Shimon can claim, “I do not want you undermining my document; I have not yet sued you.” However, in a responsum of Mahara”m [of Rothenberg] I saw that anyone may declare a ban on anyone who has his entitlements in their hands, even the claimant himself, as I explained earlier. This requires further study.", |
| "The words of Yisrael of Brno. " |
| ] |
| ], |
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| "Sefaria Responsa Anthology", |
| "https://www.sefaria.org" |
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| "heTitle": "מהר\"י ברונא", |
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| "Responsa", |
| "Rishonim" |
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| "Teshuva", |
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