Responsa for Bekhorot 104:6
והמתנה דברי ר"מ וחכמים אומרים
This brings as under the rule the grandfather's estate.<span class="x" onmousemove="('comment',' If their grandfather was alive when their father died and the former's estate was coming to them eventually, for even if he had another son, their father would ultimately receive his share, I might have thought that this is counted as having the estate in one's possession. The last clause in the Mishnah by repeating: NOR WHAT IS TO FALL DUE etc, thus informs us that this is not so. For, from the previous clause in the Mishnah which says that a first-born does not take a double share etc., I might have thought that the expression 'WHAT IS TO FALL DUE TO THE ESTATE' referred only to a case where there fell to them the estate of their father's brother, the latter having children at the time of their father's death, so that it did not appear coming to them on their father's death, but both he and his sons died before the division (Rashi) ; or the latter having no children when their father died but yet as he might still have heirs there was no certainty that the property was coming to them (Sh. Mek.) .');"><sup>5</sup></span>
Teshuvot Maharam
A. A is under no obligation to repay the five marks to B since he carried out a direct order to pay this amount to the bishop. Moreover, had A acted on his own initiative and ransomed B without being requested to do so, he would still have been entitled to reimbursement, for a Jew should be ransomed even against his express will, and may be charged with the expenses thus incurred. The promise of the rich man to speak to the bishop was of no consequence, since he did not offer to spend money on B's behalf. We know that mere words are of no avail. The Gentiles are not moved by words, only money affects them. Those who fall into their hands have no hope for deliverance save through the payment of ransom.
This Responsum is addressed to Rabbi Haim Paltiel b. Jacob.
SOURCES: Cr. 32–3; Tesh. Maim. to Nezikin, 17. Cf. Maharil, Responsa 78.
Teshuvot Maharam
A. Both, the division of the property by the brothers, and its subsequent sale, would be void, according to Rashi, since A was entitled to a double portion out of his father's estate. The fact that both transactions were not protested for over three years, is of no consequence since the brothers, or their successors, do not claim that A officially forewent or sold his rights. Moreover, A died before the three years of undisturbed possession were over, and one cannot claim undisturbed possession as evidence of title to property belonging to young orphans even after they grow up. However, since A's father divided his property among his sons, A is not entitled to any more than what his father gave him; for he received his portion as a gift and not as an inheritance.
This Responsum is addressed to R. Eliezer haLevi.
SOURCES: L. 384; Tesh. Maim. to Mishpatim, 51.