Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 59:6

ההוא דאמר ליה לחבריה מאי בעית בהאי ארעא אמר ליה מפלניא זבינתה דאמר לי דזבנה מינך אמר ליה את לאו קא מודית

A certain man said to another, 'What right have you in this house?' He replied, 'I bought it from you and have had the use of it for the period of <i>hazakah</i>.' Said the other, 'I was abroad<span class="x" onmousemove="('comment',' Lit., 'in outside markets;' i.e., in places not on any caravan route. ');"><sup>6</sup></span> all the time [and therefore did not know or protest].' 'But,' said the first, 'I have witnesses to prove that you used to come here for thirty days every year.' 'Those thirty days,' he replied, 'I was occupied with my business.' [On hearing of the case] Raba said: It is quite possible for a man to be fully occupied with his business for thirty days [and not to know that another has occupied his house]. A certain man said to another, 'What right have you on this land?' He replied, 'I bought it from so-and-so who told me that he had bought it from you.' Said the first, 'You admit then

Teshuvot Maharam

Q. A, a widow's trustee, leased half of the widow's house, for a term of ten years, to C, who, in turn, leased it to B. After B moved into the house, A became greatly dissatisfied with him and demanded that B move out of the house immediately, on the ground that he had leased the house to C, and therefore was under no obligation to B. He told B, however, that should C have any claims against him on account of the eviction of B, he, A, would answer these charges in court. B, however, claimed: that C rented the house from A on condition that he (C) lease it to whomever he wants; that he, B, was willing to partition off the part of the house he occupies from the rest of the house; and that he would guarantee to pay the widow for any damages she may sustain as a result of his remaining on the premises. A, however, claimed that he feared that grave damages to the widow will result if B stays, and that the widow cannot dwell in one house with a snake (meaning B).
A. Since A admits that C had the right to lease the house to anyone he pleased, A cannot evict B from the widow's house.
SOURCES: Cr. 259; Pr. 680; Mord. B. M. 357; Agudah B. M. 125. Cf. Hag. Maim. to Sekirut 5, 20; Weil, Responsa 10.
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