Responsa for Gittin 99:12
איני והתני רבי אליעזר ניותאה אין נפרעין מנכסי יתומים אלא מן הזיבורית ואפילו הן עידית מאי אפילו הן עידית לאו אע"ג דכתיב עידית בשטרא
learnt, 'Claims on orphans can be recovered only from their poorest land, even if these are in [compensation] for damage,' and the law that compensation for damage can be claimed from the best is of the Torah? — We are presuming here<span class="x" onmousemove="('comment',' In the teaching of R. Abram of Hozae. ');"><sup>12</sup></span>
Teshuvot Maharam
d) Q. While L managed the estate she gave presents to certain persons thinking she had the right to do so. Are the orphans entitled to take back the presents?
A. The recipients are entitled to retain these presents since they may claim that L gave them out of her own property, and since it appears that the market ordinance (takkanat hashuk) was to apply to property given away as presents.
A. The recipients are entitled to retain these presents since they may claim that L gave them out of her own property, and since it appears that the market ordinance (takkanat hashuk) was to apply to property given away as presents.
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