Responsa for Gittin 99:19
והלכתא
in the way of borrowers,<span class="x" onmousemove="('comment',' Even if the lender knows that in case of the borrower dying he will only be able to recover from the worst land, whether the orphans are minors or grown up. ');"><sup>19</sup></span> and [consequently the regulation applies] to grown-ups also? — Come and hear what Abaye the elder stated, viz., that the orphans spoken of here mean grown-ups, and <i>a fortiori</i> the rule applies to minors. But perhaps this statement [was made] in connection with the administering of an oath,<span class="x" onmousemove="('comment',' I.e., with the rule that anyone claiming from orphans a debt contracted by their father, even if he produced a bond, had to take an oath. V. Shebu. 41b. ');"><sup>20</sup></span> because a grown-up is also like a child in relation to his father's affairs,<span class="x" onmousemove="('comment',' I.e., he cannot be expected to know whether his father had paid the debt or not. ');"><sup>21</sup></span> and this is not [the rule for payment out of] lowest-grade land? The law however is
Teshuvot Maharam
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.