Responsa for Makkot 25:20
Teshuvot Maharam
Q. A customarily bought the honors connected with the second scroll of the Law of the synagogue. This time, however, the community sold these honors to B for half a pound. Now A seeks to exercise his priority rights in the acquisition of such honors.
A. If, when the community sold the honors to B, A was in a position to pay half a pound for them but failed to do so, he forfeited his rights to them when he consented to their being sold to B. Therefore, if witnesses testify that A had originally consented to such sale together with the rest of the community, A has no claim to these honors. Or, in the absence of such testimony, if witnesses testify to B's undisturbed possession — since B claims that A had consented to the sale — the honors belong to B. However, if, when the honors were sold to B, A could not afford to buy them, but now that he has the means he wants to recoup his rights and privileges, A is entitled to his rights of priority.
SOURCES: Cr. 209; Mord. B.B. 533; Tesh. Maim. to Shoftim, 7; Mordecai Hagadol p. 109c.
A. If, when the community sold the honors to B, A was in a position to pay half a pound for them but failed to do so, he forfeited his rights to them when he consented to their being sold to B. Therefore, if witnesses testify that A had originally consented to such sale together with the rest of the community, A has no claim to these honors. Or, in the absence of such testimony, if witnesses testify to B's undisturbed possession — since B claims that A had consented to the sale — the honors belong to B. However, if, when the honors were sold to B, A could not afford to buy them, but now that he has the means he wants to recoup his rights and privileges, A is entitled to his rights of priority.
SOURCES: Cr. 209; Mord. B.B. 533; Tesh. Maim. to Shoftim, 7; Mordecai Hagadol p. 109c.
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