Responsum: On Minting Silver Coins

Question: Reuben and Simeon came for a ruling. Reuben claims that Simeon asked him in Hungary to speak to the queen on his behalf and to ask her to instruct the minter to mint coins of up to one hundred litra [pounds] for Simeon, from his silver. Reuben added that Simeon said he would share with him any profit he accrued. Reuben further claims that he objected to Simeon, “But you do not have any silver,” and Simeon replied, “I will make the effort to get hold of some; perhaps God will bring some silver my way.” Reuben continued his version of events: “I proceeded to speak with the queen as he had requested, and she indeed instructed the minter to mint the coins for Simeon. I went on my way to perform a mission for the queen, leaving my partner in my place. I authorized this partner, through an act of acquisition carried out in the presence of witnesses, to accept from Simeon the share of the profits to which I was entitled. Simeon gave him seven half-pieces of silver, but no more, and I am suing him for the rest.”

Simeon responded, “I certainly intended to ask the queen, if God provided me with the silver from which to make the coins. However, I was afraid of you, that you might speak against me to the queen. I therefore asked you to act on my behalf, but you did everything in your power to oppose me. I ended up addressing the queen myself, and I did all I could on my own behalf. Even though you went off on your way, I gave your agent one silver coin that I had vowed to give you, and six more that I myself lent to him, as he needed them. I did as much as I could.”

Answer: It seems to me that Reuben has no claim against Simeon, as all their contentions are mere statements without solid proof. Their stipulation was made regarding something that did not exist at the time, for where was the silver and in whose possession? It is a well-known principle in Israel that a person cannot transfer ownership of something that has not yet come into the world [see, e.g., b. Bava Meẓi‘a 33b]. Consequently, he has no claim against him.