Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 212:4

תניא ר' יוסי אומר האחין שחלקו כיון שעלה גורל לאחד מהן קנו כולם מ"ט אמר ר' אלעזר כתחלת ארץ ישראל מה תחלה בגורל אף כאן בגורל

possession [of their respective shares] as soon as the lot for one of them is drawn.<span class="x" onmousemove="('comment',' If there are only two brothers, one acquires possession of one share as soon as the other brother has acquired by lot his share. If more than two brothers, they acquire possession collectively of the remaining shares when the lot has determined to whom the first share was to be allotted. The first brother then, stands out, and lots are cast between the others. ');"><sup>9</sup></span> On what ground [is possession acquired]? — R. Eleazar said: [Possession is acquired in the same way] as [at] the beginning of [the settlement of] the land of Israel. As [at that] beginning, [the acquisition was] by lot, so here [also it is] by lot. Since there, however, [the division was made] through the ballot box<span class="x" onmousemove="('comment',' V. infra 222a. ');"><sup>10</sup></span> and the Urim and Tummim,<span class="x" onmousemove="('comment',' Cf. Ex. XXVIII, 30, Lev. VIII, 8, Num. XXVII, 21. Cf. also I Sam. XXVIII, 6, Ezr. II, 63, Neh. VII, 65. ');"><sup>11</sup></span>

Teshuvot Maharam

Q. Leah died leaving two sons, A and C; the former is now here but the latter is away. A demands his share of a deposit Leah had left with B. Must the latter give A his share, or may he defer the return of the deposit till C appears?
A. A is to be given his share of the deposit by the order and supervision of a court; while the other half is to be left, with B, for C.
This Responsum is addressed to Rabbi Menahem haLevi and Rabbi Joseph.
SOURCES: Cr. 43; Am II, 206; Mord. B. M. 283; Tesh. Maim. to Mishpatim, 26.
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Teshuvot Maharam

Q. A, B, C, and D, were partners in a loan made by them. In repayment they received a quantity of silver which they divided among themselves by lot. Subsequently, A bought B's silver and sold it to merchants [probably Gentile merchants]. The latter broke up the silver and found it mixed with base metal. A averted a calamity by pacifying the merchants with gifts of money, thus preventing their bringing false accusations against him. A demands that B reimburse him with the price of the silver, and also compensate him for the money he had spent in pacifying the merchants.
A. The sale of the silver to A is void, since it was made in error. Similarly, the division of the silver among the partners is void, even though made by lot, since that too was made in error. However, B is not required to compensate A for the money he spent in pacifying the merchants, since B did not know, at the time of the sale, that his silver contained base metal. Moreover, even if B knew the contents of his silver, he would still be absolved from paying A the money he had given to the merchants, since he was only an indirect cause of A's loss, though he would be liable to punishment by the Heavenly Court.
SOURCES: P. 48, 49.
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Teshuvot Maharam

Q. Leah died leaving two sons, A and C; the former is now here but the latter is away. A demands his share of a deposit Leah had left with B. Must the latter give A his share, or may he defer the return of the deposit till C appears?
A. A is to be given his share of the deposit by the order and supervision of a court; while the other half is to be left, with B, for C.
This Responsum is addressed to Rabbi Menahem haLevi and Rabbi Joseph.
SOURCES: Cr. 43; Am II, 206; Mord. B. M. 283; Tesh. Maim. to Mishpatim, 26.
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Teshuvot Maharam

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