Responsa for Peah 3:5
הָאַחִין שֶׁחָלְקוּ, נוֹתְנִין שְׁתֵּי פֵאוֹת. חָזְרוּ וְנִשְׁתַּתְּפוּ, נוֹתְנִין פֵּאָה אַחַת. שְׁנַיִם שֶׁלָּקְחוּ אֶת הָאִילָן, נוֹתְנִין פֵּאָה אַחַת. לָקַח זֶה צְפוֹנוֹ וְזֶה דְרוֹמוֹ, זֶה נוֹתֵן פֵּאָה לְעַצְמוֹ, וְזֶה נוֹתֵן פֵּאָה לְעַצְמוֹ. הַמּוֹכֵר קִלְחֵי אִילָן בְּתוֹךְ שָׂדֵהוּ, נוֹתֵן פֵּאָה מִכָּל אֶחָד וְאֶחָד. אָמַר רַבִּי יְהוּדָה, אֵימָתַי, בִּזְמַן שֶׁלֹּא שִׁיֵּר בַּעַל הַשָּׂדֶה. אֲבָל אִם שִׁיֵּר בַּעַל הַשָּׂדֶה, הוּא נוֹתֵן פֵּאָה לַכֹּל:
When brothers divide [inherited land], they give two <i>Peot</i>. If they become partners, they give one <i>Peah</i>. Two who buy a tree give one <i>Peah</i>. If this one buys the north and that one buys the south, this one gives <i>Peah</i> for his own and that one gives <i>Peah</i> for his own. One who sells [only] the trees in his field [and not the land] must give <i>Peah</i> for each and every one; Rabbi Yehudah said: When is this? In a time when the field owner did not retain any [trees], but if the field owner retained some [trees], he gives <i>Peah</i> for everything.”
Teshuvot Maharam
Rabbi Perez took issue with Rabbi Meir quoting Alfasi's decision that the ordinance of Usha — which ruled that a person who divided all of his property among his children may derive his sustenance as well as that of his wife's from such property — was not accepted.
Rabbi Meir reproved Rabbi Perez for resorting to Alfasi when the Talmud specifically decided that the ordinance of Usha was not accepted. R. Meir contended, however, that only that part of the ordinance was not accepted which gave the right to the donor, and to his wife while he was alive, to derive their sustenance from the property he had given away; while the rule that the widow may collect her sustenance or her ketubah from such property after the donor's death, was accepted before the ordinance of Usha was promulgated, and has remained in force independently of such ordinance.
Meanwhile L's relatives have written to Rabbi Meir asking for his decsion in this matter. R. Meir answered that he usually refrained from sending legal opinions to litigants, or to their relatives, and confined his responses to judges. But, when Rabbi Perez, in his second letter, gave the names of the litigants, R. Meir realized that the letters from L's relatives dealt with the same case. R. Meir recalled that among these letters was found a letter from Rabbi Asher which explained the circumstances of the gift mentioned above. Therefore, R. Meir added (in his second letter to Rabbi Perez) that since according to Rabbi Asher's letter, the donor mentioned the contingency of death when he summoned Rabbi Asher, he therefore made the gift to his son causa mortis (cf. B. B. 151a), and a widow is undoubtedly entitled to collect her ketubah from causa mortis gifts.
SOURCES: Cr. 192; Am II, 46–7; cf. Hag. Maim. to Ishut 16, 4; Mord. Ket. 161. Cf. Agudah B.M. 29; Moses Minz, Responsa 66.