Responsa for Gittin 99:5
אמר מר זוטרא בריה דרב נחמן משמיה דרב נחמן שט"ח היוצא על היתומין אע"פ שכתוב בו שבח אינו גובה אלא מן הזיבורית
Let us look at the basis of our regulation. It is that more than the man desires to marry the woman desires to be married. Now if you suppose [that the Mishnah refers] to orphans [when it says that the woman collects from the poorest land], then the reason would be that they are orphans. Is this not a refutation of Mar Zutra? — It is.<span class="x" onmousemove="('comment',' And we therefore interpret the Mishnah to mean that a Kethubah is in all cases collected only from the worst land. ');"><sup>5</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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