Talmud Bavli
Talmud Bavli

Responsa for Bava Metzia 73:4

<big><strong>מתני׳</strong></big> אמר לשנים גזלתי לאחד מכם מנה ואיני יודע איזה מכם או אביו של אחד מכם הפקיד לי מנה ואיני יודע איזה הוא נותן לזה מנה ולזה מנה שהודה מפי עצמו

<b><i>MISHNAH</i></b>. IF A MAN SAYS TO TWO [OTHERS] I ROBBED ONE OF YOU OF A <i>MANEH</i>, BUT DO NOT KNOW WHICH OF YOU, OR THE FATHER OF ONE OF YOU DEPOSITED A <i>MANEH</i> WITH ME, AND I DO NOT KNOW WHOSE: HE MUST GIVE EACH A <i>MANEH</i>, SINCE HE HIMSELF CONFESSED.<span class="x" onmousemove="('comment',' This is discussed in the Gemara. ');"><sup>3</sup></span>

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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