Responsa for Bava Batra 212:9
אמר ליה רב פפא לאביי לשמואל דאמר מקמצין למימרא דקם דינא והא רב ושמואל דאמרי תרוייהו כור בשלשים אני מוכר לך יכול לחזור בו אפילו בסאה האחרונה כור בשלשים סאה בסלע אני מוכר לך ראשון ראשון קנה
but here,<span class="x" onmousemove="('comment',' In the case of the arrival of an absent brother from beyond the sea. ');"><sup>22</sup></span> they did not enter '[into the matter], at first, with the intention of [dividing the estate between] three.<span class="x" onmousemove="('comment',' They divided the estate into two parts only, ignoring altogether the just claims of the absent brother. Such a division, therefore, may be justifiably cancelled. ');"><sup>23</sup></span> R. Papa said to Abaye: According to Samuel, who said that they relinquish [thirds from their respective shares for the third brother], it appears that [where] a decision [has been arrived at, it] must be adhered to; but, surely, both Rab and Samuel have said:<span class="x" onmousemove="('comment',' V. supra 105a. ');"><sup>24</sup></span> [If the seller said.] 'I sell you a <i>kor</i> for thirty', he may withdraw even at the last <i>se'ah</i>;<span class="x" onmousemove="('comment',' V. supra p. 437. n. 23. ');"><sup>25</sup></span> [if, however, he said,] 'I sell you a <i>kor</i> for thirty. [each] <i>se'ah</i> for a <i>sela'</i> [the buyer] acquires<span class="x" onmousemove="('comment',' loc. cit. n. 14. ');"><sup>26</sup></span> possession of every <i>se'ah</i> as it is measured out for him.<span class="x" onmousemove="('comment',' V. p. 438, n. 1. ');"><sup>27</sup></span> [This shows that even a decision arrived at,<span class="x" onmousemove="('comment',' As in the first case of Rab's and Samuel's statement, where twenty-nine se'ah of the thirty in the kor had already been handed over to the buyer. ');"><sup>28</sup></span> may be upset!]<span class="x" onmousemove="('comment',' Since all must be returned to the seller. If decisions are to be adhered to, why should the buyer be obliged to return that portion of the purchase which by mutual agreement had passed over into his possession? ');"><sup>29</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.