Responsa for Bava Metzia 73:3
שילם אין לא שילם לא והאמר ר' חייא בר אבא א"ר יוחנן לא שילם שילם ממש אלא כיון שאמר הריני משלם אע"פ שלא שילם אימא מודה היה ר' יוסי בראשונה שכבר אמר הריני משלם:
[What!] only if he actually paid, but not otherwise? Yet did not R. Hiyya b. Abba say in R. Johanan's name: 'HE PAID' is not literally meant, but once he says, 'I will pay', even if he has not done so [the ruling of the Mishnah holds good]? — Say thus: R. Jose agreed in the first [Mishnah], seeing that he had already declared, 'I will pay for it'.
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.
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.
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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