Responsa for Bava Batra 212:5
אי מה להלן בקלפי ואורים ותומים אף כאן בקלפי ואורים ותומים אמר רב אשי בההוא הנאה דקא צייתי להדדי גמרי ומקנו להדדי:
[should not the division] here also [be made] through<span class="x" onmousemove="('comment',' How, then, are the shares acquired here, in the absence of the Urim and Tummim, by mere lot? ');"><sup>12</sup></span> the ballot box and the Urim and Tummim? — R. Ashi replied: [The lot alone suffices here] because [in return for] the benefit of mutual agreement<span class="x" onmousemove="('comment',' Lit., 'because they listen to one another,' viz., to dissolve a partnership (Rashb.) [or to divide by lot (R. Gershom)]. ');"><sup>13</sup></span> they determine to allow each other to acquire possession [by the lot<span class="x" onmousemove="('comment',' They are all so anxious to dissolve their partnership at the earliest possible moment, that they readily agree that through the lot alone every one of them shall acquire possession of his share. ');"><sup>14</sup></span>
Teshuvot Maharam
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.
Teshuvot Maharam
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.
Teshuvot Maharam
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.