Talmud Bavli
Talmud Bavli

Responsa for Bava Metzia 73:9

ורמינהי שנים שהפקידו אצל אחד זה מנה וזה מאתים זה אומר שלי מאתים וזה אומר שלי מאתים נותן לזה מנה ולזה מנה והשאר יהא מונח עד שיבא אליהו

<b><i>GEMARA</i></b>. This proves that money is collected as a result of doubt, and we do not say, Let the money stand in the presumptive ownership of its possessor. But this is contradicted by the following: IF TWO MADE A DEPOSIT WITH ONE PERSON, ONE A <i>MANEH</i> AND THE OTHER TWO HUNDRED [<i>ZUZ</i>], THIS ONE SAID, THE TWO HUNDRED IS MINE, AND THE OTHER SAID LIKEWISE, THE TWO HUNDRED IS MINE: HE MUST GIVE A <i>MANEH</i> TO EACH, WHILST THE REST LIES UNTIL ELIJAH COMES! — Said he to him:<span class="x" onmousemove="('comment',' The answerer to the questioner, though their names are unmentioned. [This is, however, omitted in several MSS, v. D.S. a.l.] ');"><sup>7</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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