Responsa for Bava Metzia 219:11
סבור מינה לא פליגי הא באתרא דשקיל אריסא פלגא הא באתרא דשקיל אריסא תילתא
If the creditor maintains that it [the mortgage] was for five years, whilst the debtor says that it was for three: and when he challenges him, 'Bring forth your note,' he pleads, 'The note is lost,' — Rab Judah ruled: We believe the creditor, since he could have pleaded, 'I have bought it [outright].'<span class="x" onmousemove="('comment',' For three years establish a presumption of ownership, in the absence of a deed of a sale; v. B.B. III. 1. ');"><sup>11</sup></span>
Teshuvot Maharam
Q. A set apart the land upon which he dwelt for the payment of his wife's ketubah. After his death, the trustee of the orphans demanded that A's widow take an oath to the effect that she did not appropriate anything that belonged to her husband, before she be permitted to collect her ketubah from this real estate. Is the trustee justified in his demand?
A. Since the property was mortgaged to A's widow, she is now considered to be in possession of her ketubah. And as long as she does not demand her ketubah, she is not required to take an oath (Ket. 87b) unless the orphans claim positive knowledge of her having appropriated anything that belonged to their father. Therefore, A's widow is not required to take an oath.
SOURCES: Cr. 266; Am II, 6; Mord. Ket. 224. Cf. Moses Minz, Responsa 96.
A. Since the property was mortgaged to A's widow, she is now considered to be in possession of her ketubah. And as long as she does not demand her ketubah, she is not required to take an oath (Ket. 87b) unless the orphans claim positive knowledge of her having appropriated anything that belonged to their father. Therefore, A's widow is not required to take an oath.
SOURCES: Cr. 266; Am II, 6; Mord. Ket. 224. Cf. Moses Minz, Responsa 96.
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Teshuvot Maharam
Q. A demands from B rent for fifteen years, during which period B lived in his house. B claims that he paid the rent, and, in turn, demands payment for putting up, in A's house, certain necessary structures. A, however, claims that he did not ask B to put up such structures.
A. B should take an oath that he paid A the rent, and be free from that obligation. If B can prove, or if A admits, that he, B, put up the structures mentioned, B has a right to remove them.
SOURCES: Pr. 962.
A. B should take an oath that he paid A the rent, and be free from that obligation. If B can prove, or if A admits, that he, B, put up the structures mentioned, B has a right to remove them.
SOURCES: Pr. 962.
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