Talmud Bavli
Talmud Bavli

Responsa for Bava Metzia 219:3

ההוא שטרא דהוה כתיב ביה שנין סתמא מלוה אמר שלש לוה אמר שתים קדים מלוה ואכלינהו לפירי מי נאמן רב יהודה אמר קרקע בחזקת בעליה קיימא רב כהנא אמר פירות בחזקת אוכליהן קיימי

Alternatively: have we not explained it that, e.g., they fell to her in another field [not belonging to her]? so that the [entire] principal is destroyed.<span class="x" onmousemove="('comment',' If the husband uses it direct, whereas the principal of the legacy must remain the wife's. But if she inherited them in her own field or vineyard, the husband could sell them for timber and utilise the proceeds direct, since the soil is still left for the wife. The dispute of Abaye and Raba refers to a similar case, viz., where land and its trees were pledged. But if only trees, the field not belonging to the debtor, presumably Raba agrees that they rank as principal, not produce. ');"><sup>3</sup></span>

Teshuvot Maharam

Q. A set apart the land upon which he dwelt for the payment of his wife's ketubah. After his death, the trustee of the orphans demanded that A's widow take an oath to the effect that she did not appropriate anything that belonged to her husband, before she be permitted to collect her ketubah from this real estate. Is the trustee justified in his demand?
A. Since the property was mortgaged to A's widow, she is now considered to be in possession of her ketubah. And as long as she does not demand her ketubah, she is not required to take an oath (Ket. 87b) unless the orphans claim positive knowledge of her having appropriated anything that belonged to their father. Therefore, A's widow is not required to take an oath.
SOURCES: Cr. 266; Am II, 6; Mord. Ket. 224. Cf. Moses Minz, Responsa 96.
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Teshuvot Maharam

Q. A demands from B rent for fifteen years, during which period B lived in his house. B claims that he paid the rent, and, in turn, demands payment for putting up, in A's house, certain necessary structures. A, however, claims that he did not ask B to put up such structures.
A. B should take an oath that he paid A the rent, and be free from that obligation. If B can prove, or if A admits, that he, B, put up the structures mentioned, B has a right to remove them.
SOURCES: Pr. 962.
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