Responsa על בבא בתרא 196:2
Teshuvot Maharam
Q. Jacob bought half an interest in a room from Noah. Subsequently Noah sold his remaining share to A and B; and later Jacob sold his half to C, D, and E. A now seeks to divide this room among the partners.
A. If the size of the room is ten cubits by ten cubits, A may force the other partners to agree to a partition since he, A, owning one quarter of the room, would receive a "usable unit" upon a partition even according to Ri who sets the minimum for such "usable unit" at six cubits by four cubits. For these measurements, the talmudic cubit of twenty-four thumb-breadths should be used. Even though such partition might leave C, D and E with parts smaller than this minimum, A would still be entitled to effect a partition of the property since before Jacob sold his share to C, D, and E each partner (A, B and Jacob) would have been entitled to a "usable unit." Moreover, A could have forced Jacob to agree to a partition even if he, A, would not have received a "usable unit." The restriction upon partners not to partition a house unless each partner receives a "usable unit", was decreed by the Rabbis for the benefit of those partners who were to receive the smaller parts. Therefore, A would have been entitled to waive this rabbinic decree that had been designed for his personal benefit.
SOURCES: Cr. 234: Am II, 178; Mord. B. B. 569; cf. Mord. B. M. 384; Agudah B. M. 158.
A. If the size of the room is ten cubits by ten cubits, A may force the other partners to agree to a partition since he, A, owning one quarter of the room, would receive a "usable unit" upon a partition even according to Ri who sets the minimum for such "usable unit" at six cubits by four cubits. For these measurements, the talmudic cubit of twenty-four thumb-breadths should be used. Even though such partition might leave C, D and E with parts smaller than this minimum, A would still be entitled to effect a partition of the property since before Jacob sold his share to C, D, and E each partner (A, B and Jacob) would have been entitled to a "usable unit." Moreover, A could have forced Jacob to agree to a partition even if he, A, would not have received a "usable unit." The restriction upon partners not to partition a house unless each partner receives a "usable unit", was decreed by the Rabbis for the benefit of those partners who were to receive the smaller parts. Therefore, A would have been entitled to waive this rabbinic decree that had been designed for his personal benefit.
SOURCES: Cr. 234: Am II, 178; Mord. B. B. 569; cf. Mord. B. M. 384; Agudah B. M. 158.
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Teshuvot Maharam
c) Q. If one partner is to receive, by a division, a part three cubits in width, and another partner a part five cubits in width, may the latter force the former to accept from him one extra cubit in width so that the first partner also receives a "usable" part, thus making the division possible?
A. The Talmud records a difference of opinion on this subject between the Rabbis who decided in the affirmative and Rabban Simeon b. Gamaliel who decided in the negative. Some post-talmudic authorities accept the former opinion, while others accept the latter. The talmudic discussion of the opinion of R. Simeon b. Gamaliel, however, leads us to accept the opinion of the Rabbis.
A. The Talmud records a difference of opinion on this subject between the Rabbis who decided in the affirmative and Rabban Simeon b. Gamaliel who decided in the negative. Some post-talmudic authorities accept the former opinion, while others accept the latter. The talmudic discussion of the opinion of R. Simeon b. Gamaliel, however, leads us to accept the opinion of the Rabbis.
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