Talmud Bavli
Talmud Bavli

Responsa for Bava Metzia 69:13

פשיטא שמו ליה לבעל חוב ואזל איהו ושמה לבעל חוב דידיה אמרינן ליה לא עדיף את מגברא דאתית מיניה זבנה אורתא ויהבה במתנה ודאי הני מעיקרא אדעתא דארעא נחות ולאו אדעתא דזוזי נחות

whereas here he troubled him.

Teshuvot Maharam

Q. A, B and C jointly owned a house, A owning a half interest therein and B and C, one quarter each. B died leaving his share to four sons. Now A wants to divide the house among the partners. B's heirs, however, object to such division since each of them would be left with a part too small for use as living quarters. A, however, avers that he wants to take half of the house for his exclusive use, and that if B's sons refuse to subdivide their father's share, they may hold that share jointly.
A. Since, while B was alive, the house was large enough to be divided among the three partners, and if A had then demanded a division, B's objection thereto would have been of no avail, B's sons may not now restrain A from effecting such a division. They can inherit no rights from B that he himself did not possess. The division of a house among partners should be executed by experts in one of two ways. a) Each partner should receive a part of the house proportional, in size, to his share while the difference between the value of such part and the money value of his share should be adjusted by the payment or receipt of money. b) Each partner should receive an appropriate part of the house inversely proportional, in size, to its intrinsic value, so that the estimated value of such part be exactly equal to the money value of his share.
This Responsum was addressed to Rabbi Hillel and Rabbi Menahem of Würzburg.
SOURCES: Cr. 234; Am II, 177; Mord. B. M. 384; Mordecai Hagadol, p. 301b.
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse