Responsa for Bava Metzia 78:10

לסוף אתו סהדי דאחוה הוא א"ל לפלוג לי נמי מפרדיסי ובוסתני דשתל אמר ליה שפיר קאמר לך דתנן הניח בנים גדולים וקטנים והשביחו גדולים את הנכסים השביחו לאמצע

Thereupon Abaye ruled: A third is given to the sister, a third to the child, and as for the remaining third,<span class="x" onmousemove="('comment',' The share of the captive daughters. ');">⁹</span> a sixth is given to the sister, and a steward is appointed for the other sixth on behalf of the child. Raba said: Since a steward is appointed for one sixth, a steward is appointed for the other sixth. There came a brother to Mari b. Isak from Be Hozai,<span class="x" onmousemove="('comment',' V. p. 508, n. 2. ');">¹⁰</span> saying to him, 'Divide [my father's estates] with me.' 'I do not know you,' he replied. So they went before R. Hisda. Said he to him, 'He [Mari] speaks truly to you, for it is written, And Joseph knew his brethren, but they knew him not,<span class="x" onmousemove="('comment',' Gen. XLII, 8. ');">¹¹</span> which teaches that he had gone forth without the stamp of a beard and came [before them] with one.<span class="x" onmousemove="('comment',' So Mari may not recognise you too, even if you are his brother. ');">¹²</span> Go then,' he continued, 'and produce witnesses that you are his brother.' 'I have witnesses,' he replied, 'but they are afraid of him, because he is a powerful man.' Thereupon he said to the other [Mari], 'Go you, and bring witnesses that he is not your brother.' 'Is that justice!' he exclaimed, 'the onus of proof lies on the claimant!' 'Thus do I judge in your case,' he retorted, 'and for all who are powerful men of your like'. 'But after all,' he argued, 'witnesses will come and not testify [the truth]'.<span class="x" onmousemove="('comment',' If they are afraid of me, they will certainly testify in my favour whether it be the truth or not. ');">¹³</span> 'They will not commit two [wrongs],' he rejoined.<span class="x" onmousemove="('comment',' Witnesses who can testify to your disadvantage may repress their evidence through fear of you, which is one wrong. But they will certainly not commit another by testifying falsely in your favour. ');">¹⁴</span> Subsequently witnesses came [who testified] that he was his brother. 'Let him share with me the vineyards and gardens which he planted,' demanded he. 'He speaks rightly to you,' said he [R. Hisda], 'For we learnt: If one leaves sons, adults and minors, and the adults improve the property, they improve it for both equally;<span class="x" onmousemove="('comment',' Lit., 'in the middle'. (V. B.B. 143b.) I.e., the minors take an equal share of the improvements. ');">¹⁵</span>

Teshuvot Maharam

Teshuvot Maharam