Responsa for Bava Batra 212:7
אמר ליה רבא לרב נחמן לרב דאמר בטלה מחלוקת אלמא הדר דינא אלא מעתה הני בי תלתא דקיימי ואזול בי תרי מינייהו ופלוג הכי נמי דבטלה מחלוקת
[thirds from their respective shares for the third brother]. Raba said to R. Nahman: According to Rab, who said that the division is cancelled, it is clear that [we act on the principle that even a definite] decision may be revised; but if so, the division should be cancelled<span class="x" onmousemove="('comment',' If the third party raises an objection. ');"><sup>17</sup></span> also in the case where [a partnership] of three was in existence and two of these divided<span class="x" onmousemove="('comment',' In three parts, in the presence of a lay court of three, without consulting the third partner. (Cf. B.M. 32b.) ');"><sup>18</sup></span>
Teshuvot Maharam
A. A is to be given his share of the deposit by the order and supervision of a court; while the other half is to be left, with B, for C.
This Responsum is addressed to Rabbi Menahem haLevi and Rabbi Joseph.
SOURCES: Cr. 43; Am II, 206; Mord. B. M. 283; Tesh. Maim. to Mishpatim, 26.
Teshuvot Maharam
A. A is to be given his share of the deposit by the order and supervision of a court; while the other half is to be left, with B, for C.
This Responsum is addressed to Rabbi Menahem haLevi and Rabbi Joseph.
SOURCES: Cr. 43; Am II, 206; Mord. B. M. 283; Tesh. Maim. to Mishpatim, 26.
Teshuvot Maharam
A. Both, the division of the property by the brothers, and its subsequent sale, would be void, according to Rashi, since A was entitled to a double portion out of his father's estate. The fact that both transactions were not protested for over three years, is of no consequence since the brothers, or their successors, do not claim that A officially forewent or sold his rights. Moreover, A died before the three years of undisturbed possession were over, and one cannot claim undisturbed possession as evidence of title to property belonging to young orphans even after they grow up. However, since A's father divided his property among his sons, A is not entitled to any more than what his father gave him; for he received his portion as a gift and not as an inheritance.
This Responsum is addressed to R. Eliezer haLevi.
SOURCES: L. 384; Tesh. Maim. to Mishpatim, 51.