Talmud Bavli
Talmud Bavli

Tosefta for Bava Batra 213:6

אמר רב פפא הלכתא בכל הני שמעתתא מקמצין אמימר אמר בטלה מחלוקת והלכתא בטלה מחלוקת:

Samuel said that he [whose share was seized] forfeited his claim, because he holds the opinion that brothers, after having divided [their father's estate between them], stand to each other in the relationship of vendees, each being in the position of a purchaser without a warranty [of indemnity].<span class="x" onmousemove="('comment',' None of them having undertaken to make good the loss of any of the others. ');"><sup>11</sup></span> R. Assi is in doubt whether they still remain co-heirs or stand in the relationship of vendees; he [whose share was seized] takes, therefore, a quarter<span class="x" onmousemove="('comment',' Of his brother's share. Half the share certainly belongs to his brother, and the doubt is only in respect of the other half; hence it is divided between the two, each one receiving, or retaining a quarter of it. ');"><sup>12</sup></span>

Tosefta Ketubot

Three people that came down to evaluate [the property of orphans in order to ascertain the financial support for the dead man's wife and children; see Rashbam on Bava Batra 107a:7:1]—one says "It's worth 100 zuz" and two say "200"; [or] one says "200" and two say "100", the lone voice is annulled in its minority [so in both cases the majority stands]. One says "It's worth 100 zuz", one says "80 zuz (= 20 selaim)", one says "120 zuz (= 30 selaim)"—it is evaluated at 100 zuz (the average of all 3). Rabbi Lazar bar Rabbi Tzadok says: They evaluate it at 90 zuz (= dinar) [we ignore the highest value and average the two lowest value, 80 and 100]. Others say: They do an evaluation between them (take the range, = 40 zuzim) and evaluate them as a third [so they take the lowest value, 80 zuz, and add the third of the range = 93 1/3 zuz].
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