Responsa for Gittin 99:15
אין נפרעין מנכסי יתומין אלא מן הזיבורית: בעי רב אחדבוי בר אמי יתומים שאמרו קטנים או אפילו גדולים תקנתא היא דעבוד רבנן גבי יתמי לקטנים עבוד רבנן לגדולים לא עבוד רבנן
even as [mentioned also by] Raba. For Raba said: 'If the damage was done to the worst land, the claimant recovers from the best; if to the strips of the best, he recovers from the medium.'<span class="x" onmousemove="('comment',' This land being so very inferior. ');"><sup>15</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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