Responsa for Gittin 99:16
או דלמא משום דלא מסיק אדעתא דמלוה דמית לוה ונפלי נכסי קמי יתמי דהוה ליה נועל דלת הלכך אפילו גדולים נמי
Where orphans however were concerned the Rabbis left the law as laid down in the Torah.<span class="x" onmousemove="('comment',' This last statement is not part of Raba's statement but explains the reason of R. Eleazar the Nabatean. ');"><sup>16</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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