Responsa for Bava Batra 308:1
בשלמא לדידי דאמינא ראיה בעדים כיון דאמר ללקוחות אייתו עדים ולא אשכחו היינו דקא אתו ואמרו ליה מהו לבודקו אלא לדידך דאמרת ראיה בקיום השטר למה להו לבודקו לקיימו שטרייהו ולוקמו בנכסי
[Now]. according to my interpretation<span class="x" onmousemove="('comment',' Lit., 'to me, that I said'. ');"><sup>1</sup></span> [of our Mishnah that] evidence [is produced] by [the testimony of] witnesses, one can well understand why, when he<span class="x" onmousemove="('comment',' [Var. lec., 'they', i.e., the members of the family.] ');"><sup>2</sup></span> asked the buyers [to] bring witnesses and they [could] not obtain [them]. they came to ask him whether the body might [not] be examined. But according to your interpretation<span class="x" onmousemove="('comment',' Lit., 'to you, that you said'. ');"><sup>3</sup></span> that evidence [consists] in the attestation of the deed, why should they [wish] to examine [the body]? Let them procure the attestation of their deeds and [thus] gain possession of the property!<span class="x" onmousemove="('comment',' Witnesses would not sign a deed of sale unless they were satisfied that the seller has attained the legal age. Their attested signatures would, consequently, supply sufficient evidence that the sale was legally valid. ');"><sup>4</sup></span>
Teshuvot Maharam
A. A trustee appointed by both parties is not required to take an oath regarding the terms of his trusteeship. But, Leah was not appointed trustee by both parties. She was only appointed by the husband, and, therefore, is required to take an oath. Leah's husband cannot object to imposing an oath on her. If the law requires that a woman take an oath, the husband has no right to protest against her being degraded in court. But, since Leah, as long as she is married, has no money of her own, and were she to claim that she had already returned the deposit, no oath would be imposed on her, we now lend credence to her words and require no oath. However, the court should give A a writ stating that after Leah will be divorced or widowed she will have to return the money to A or take an oath to the effect that A deposited the money with her on condition that she return it upon his wife's consent only.
SOURCES: L. 306–7; Mord. B. K. 89. Cf. Pr. 739; Tesh. Maim. to Mishpatim, 44.