Scholarship on Legal query or responsum: T-S 10J22.8

Rachel Richman's digital edition (2025), with minor emendations by Amir Ashur and Alan Elbaum, 2025.

אלגואב

Rachel Richman, Alan Elbaum and Pratima Gopalakrishnan's digital translation.

What do the sages of Israel, may their glory be exalted and their honor increased, say
in regard to the case of Reuben and Shimon, who collectively hold property. Reuben has three-quarters of it
and Shimon has the other quarter. And that is the whole dār (i.e. there are no other owners). Reuben
asked Shimon to sell him the quarter he owns or to buy
the three-quarters from him. Simon refused to buy
or sell. Does the law require this of him, or not? And does
the law require either of them to (be able to) coerce the other in this, or not?
May they teach us, and may their reward be doubled from heaven.

The Answer

The law permits either of them to tell the other "either you extend (possession over the whole property)
or I extend (possession)" the true meaning of which is “you compel or I compel.”
This is an Aramaic expression, as the Targum of “mishkhu et” is “negidu”, meaning
“You buy my share for what is is worth, which is such and such, or sell (it to) me so I can buy
your share for what it is worth, which is such and such.” His partner cannot refuse this, he
must either buy from him or sell (his share).
He cannot protest, “But I am poor and don’t have anything to buy it with, and I don’t want to sell
my property.” This is not accepted from him. Rather, we compel him
either to buy or to sell. This is the opinion of our teacher Yiṣḥaq [al-Fasī], (may his) h(oly) m(emory) b(e a blessing),
Master of the Halakhot in the first (chapter of Bava) Batra and likewise, the word of our teacher the rav
the great Moshe, (may his) h(oly) m(emory) b(e a blessing) in Hilkhot Shekhenim, and this is the law,
and one must not change it. Written by Shelomo b. Yishai ha-Nasī, (may his) h(oly) m(emory) b(e a blessing).
This legal opinion is proper, and I stand by it: Peraḥya b. Yosef,
m(ay his) s(oul) be bound up in t(he bundle of) l(ife)

T-S 10J22.8 1r