Responsa for Bava Metzia 73:17

אמר מר התם דקא תבעי ליה והלה מה טוען רב יהודה אמר רב הלה שותק רב מתנה אמר רב הלה

'And robbery may be opposed to robbery'. Here we learn IF A MAN SAYS TO TWO OTHERS, I ROBBED ONE OF YOU OF A MANEH, BUT I DO NOT KNOW WHICH OF YOU, OR, THE FATHER OF ONE OF YOU DEPOSITED A MANEH WITH ME, AND I DO NOT KNOW WHOSE: HE MUST GIVE EACH A MANEH. But the following is opposed thereto: If a man robbed one out of five, and does not know which one he robbed, and each claims, 'It was me he robbed': he may place the stolen article among them and depart: this is R. Tarfon's view.14 This proves that money is not collected as a result of doubt, but we say, Let the money stand in the presumptive ownership of its possessor!15 And whence [does it follow] that our Mishnah here agrees with R. Tarfon?16 Because It was taught thereon:17 R. Tarfon admits that if one says to two people, 'I robbed one of you of a maneh, but do not know which of you,' he must give each a maneh!18 — There they were claiming from him; here it means that he came to fulfil his duty in the sight of Heaven.<span class="x" onmousemove="('comment',' Legally he is not bound to pay all claimants, and the second Mishnah quoted treats of this aspect. But morally he can atone for his sin only by repaying all, so that none shall have suffered through his theft. ');">19 This may be proved too, for it is stated SINCE HE HIMSELF CONFESSED.20 This proves It. The Master said: 'There they were claiming from him.' And what does he plead? — Rab Judah said in Rab's name: He is silent. R. Mattena said in Rab's name: He

Teshuvot Maharam

Q. A says that B's mother before her death instructed B to give A one Mina out of her possessions, since she had owed money to A's mother and did not remember whether or not she had repaid the entire sum. B denies having received such instructions from his mother, and further claims that A's mother owed him more than one Mina. But A has witnesses who testify that after his mother's death B admitted having received these instructions.
A. Since B's mother did not take the required oath regarding her ketubah, she had no property of her own; even the clothes she wore on week-days belonged to the estate. Consequently B is unable to carry out his mother's instructions. B is under no moral obligation to repay his mother's debt since the mother herself had not been pressed for payment.
SOURCES: Cr. 76.

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Teshuvot Maharam

Q. A says he is entitled to receive more than half of the interest due him and B from a Gentile, but B says he himself is entitled to an equal share with A.
A. Each one is entitled to receive the amount the other admits is coming to him; as to the remainder, it belongs to the one who will seize it first.
SOURCES: Am II, 155.

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