Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 94:5

קמ"ל כדשמואל דאמר אף בשטר נמי לא קנה עד שיכתוב אחריות נכסים

from the original owner, the purchase is void.' — R. Huna meant to dispute the opinion of Rab, who said [in reference to this statement:] 'This rule was only meant to apply in such a case where the original owner merely said to the purchaser. Go and occupy the field and become the owner; but if he gave him a written deed, then the purchaser acquires ownership.'<span class="x" onmousemove="('comment',' Because this shows apparently that the original owner acquiesces in the transfer and is not acting merely out of fear of the sicarius. R. Huna, however, declares the sale void even if the robber produces a deed. ');"><sup>9</sup></span> He [R. Huna] therefore tells us that the right opinion is that of Samuel, who said that even [if the original owner gives the purchaser] a written deed, [the latter does not acquire ownership: he] only [does so] if the original owner gives him a lien on the rest of his property.<span class="x" onmousemove="('comment',' Because only then can we be sure that he acquiesces in the transfer. ');"><sup>10</sup></span>

Teshuvot Maharam

Q. A, the oldest brother in the family, who is in possession of his father's land, claims to have received it as a gift from him. He says that he was in undisturbed possession of it for many years before his father's death and for many years thereafter. Now his brothers want a share of the land. The local court decided in A's favor.
A. Since his brothers were young when their father died, A cannot claim undisturbed possession as proof of ownership for the period since his father's death, and must furnish documentary proof or witnesses to the effect that he enjoyed undisturbed possession for three years before his father's death.
SOURCES: Pr. 119; cf. Asheri, Sanhedrin 3, 37.
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