Talmud Bavli
Talmud Bavli

Responsa for Bava Metzia 73:2

אתמר נמי אמר ר' אלעזר חלוק היה ר' יוסי אף בראשונה והלכה כמותו אף בראשונה ור' יוחנן אמר מודה היה ר' יוסי בראשונה שכבר שילם

too: now, is the <i>halachah</i> as his view [there too] or not? — He replied: R. Jose did indeed dispute in the first too, and the <i>halachah</i> agrees with him in the first too. It has been stated likewise: R. Eleazar said: R. Jose differed in the first too, and the <i>halachah</i> agrees with him there also. But R. Johanan maintained: R. Jose agreed in the first [Mishnah], seeing that he [the bailee] had already paid for it.<span class="x" onmousemove="('comment',' And thereby acquired all rights in it. ');"><sup>2</sup></span>

Teshuvot Maharam

Q. A says that B's mother before her death instructed B to give A one Mina out of her possessions, since she had owed money to A's mother and did not remember whether or not she had repaid the entire sum. B denies having received such instructions from his mother, and further claims that A's mother owed him more than one Mina. But A has witnesses who testify that after his mother's death B admitted having received these instructions.
A. Since B's mother did not take the required oath regarding her ketubah, she had no property of her own; even the clothes she wore on week-days belonged to the estate. Consequently B is unable to carry out his mother's instructions. B is under no moral obligation to repay his mother's debt since the mother herself had not been pressed for payment.
SOURCES: Cr. 76.
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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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