Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 68:2

אזל ולא אשכח סהדי אמר להו אפקוה וכל דאלים גבר מפקינן או לא מפקינן רב יהודה אמר לא מפקינן רב פפא אמר מפקינן והלכתא לא תפסינן והיכא דתפס לא מפקינן:

and Rab Judah says we should not.<span class="x" onmousemove="('comment',' Because we are afraid he will not find witnesses and we shall not know to whom to restore the boat, and therefore it is best to leave it alone. ');"><sup>5</sup></span> [The <i>Beth din</i> having attached the boat],<span class="x" onmousemove="('comment',' It is not clear from the text whether this is a hypothetical case, or whether the Beth din really did attach the boat, perhaps on the request of both parties. ');"><sup>6</sup></span> the man went to look for his witnesses but did not find them, whereupon he requested the <i>Beth din</i> to release the boat, leaving it to the stronger to obtain possession.<span class="x" onmousemove="('comment',' Lit., 'to prevail' — whether by argument or by force. ');"><sup>7</sup></span> In such a case should we release or not? Rab Judah says we should not release,<span class="x" onmousemove="('comment',' Because once property has come into the hands of the Beth din, it is not right that they should release it except to restore it to the proper owner. ');"><sup>8</sup></span>

Teshuvot Maharam

Q. A owed money to several persons. When B demanded his money from A, the latter admitted the debt but claimed that since he did not possess enough money or valuables to cover all his obligations, he preferred to divide his possessions equitably among his creditors. Since A admits, in court, his debt to B, may the latter force A to repay that debt in full, before he divides his property?
A. Since A owes money to several persons, and since he owes more than the total value of his possessions, each creditor is entitled to receive an equal share of such possessions irrespective of the amount due him. The debtor, however, may distribute his assets among his creditors in proportion to the amount due to each, before they come to court; such distribution would be irrevocable, and would even constitute a praiseworthy act. Since A is willing so to divide his possessions, no judge can force him to favor one creditor at the expense of the other creditors. However, before receiving his share of A's possessions, movables or immovables, each creditor will have to take a creditor's oath — the same oath that a creditor takes upon collecting his debt from encumbered property.
SOURCES: Cr. 219; Am II, 45; Tesh. Maim. to Mishpatim, 41.
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Teshuvot Maharam

Q. A says he is entitled to receive more than half of the interest due him and B from a Gentile, but B says he himself is entitled to an equal share with A.
A. Each one is entitled to receive the amount the other admits is coming to him; as to the remainder, it belongs to the one who will seize it first.
SOURCES: Am II, 155.
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