Responsa for Bava Metzia 219:5
התם מילתא דלא עבידא לאיגלויי היא הכא מילתא דעבידא לאיגלויי היא ואטרוחי בי דינא תרי זמני לא מטרחינן
stated an unspecified number of years. Now, the creditor maintained that it meant three; whilst the debtor insisted upon two. Thereupon the creditor anticipated [the findings of the court] and enjoyed the usufruct. Now, whom do we believe? — Rab Judah said: The land stands in the presumptive possession of its owner.<span class="x" onmousemove="('comment',' V. supra 102b, Thus, since there is a dispute about the third year, we presume that it belongs to the debtor, since he is its known owner, unless there is proof to the contrary; and therefore the creditor is forced to repay. ');"><sup>5</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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