Soncino English Talmud
Bava Batra
Daf 107a
— There, the Rabbis have made a provision which is convenient for the seller and [also] for the buyer. It was stated: [In the case where two] brothers divided [an inherited estate between them], and a creditor [of their father] came and distrained the share of one of them, Rab said: The division is cancelled; Samuel said: He has forfeited his claim; and R. Assi said: He takes a quarter either in land or in money. Rab said that the division was to be cancelled, because he holds the opinion that brothers, even after having divided [their father's estate between them, remain] co-heirs. 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]. 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 either in land or in money. R. Papa said: The law in all [the cases dealt with in] these traditions is that [a portion, or portions must be] relinquished. Amemar said: The [original] division is cancelled. And the law [is that the original] division is cancelled. Our Rabbis taught: [In the case where] three [experts] went down [to the estate of male orphans] to assess it, [and] one values [the estate] at a maneh and the two value [it] at two hundred zuz, [or if] one values it at two hundred zuz and the two value it at a maneh, the one, being in the minority, is overruled. [If] one values [the estate] at a maneh, one at twenty [sela'], and one at thirty [sela'], it is to be adjudged at a maneh. R. Eliezer b. R. Zadok, said: It is to be adjudged at ninety [zuz]. Others said: [The difference] between them is calculated and divided by three. He who said, 'It is to be adjudged at a maneh', [adopts the] middle course. R. Eliezer b. R. Zadok, [who] said, 'It is to be adjudged at ninety', is of the opinion [that] the land
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