Lender's Obligation to Return Payments Already Received after Pledge Is Lost

From: Rabbi Moshe Sofer

To: Rabbi Tzvi Avigdor

Description

A lender who received partial repayments of a loan secured by a pledge is not required to return those payments when the pledge is later lost. The Chasam Sofer upholds the Rema and Ketzos HaChoshen against the challenger's novel argument that the lender qualifies as a shomer sachar whose liability retroactively covers prior receipts, ruling that one cannot extract money from the lender who is already muchzak in those funds.

Source: Shu"t Chasam Sofer CM §57

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