Responsa for Arakhin 43:69
לעולם בבעל חוב עובד כוכבים שקיבל עליו לדון בדיני ישראל
- When he who owes admitted the debt, or if he was excommunicated and dies in the state of excommunication.<span class="x" onmousemove="('comment',' The court excommunicated the orphans' father for failure to pay his debts, he died whilst still excommunicated. There is no reason for suspecting his having secured the creditor's debt with a bundle of valuables, for if he had been willing to pay he would rather have done it through the court in order to win cancellation of his excommunication. The orphans in this case would have to pay, though on the first reason they would still be exempt.');"><sup>25</sup></span>
Maharach Or Zarua Responsa
Q - L went to court and demanded the payment of her ketubah from the orphans, who were minors. What is the law?
A - Since upon demanding her ketubah she lost her right to sustenance, she can therefore collect neither her ketubah, nor her sustenance from the orphans who are minors. If, however, we follow the opinion mentioned in the Talmud, that we do enforce collection of a ketubah from minors, in order that the widow find it easier to remarry - then L is entitled to collect her ketubah.
A - Since upon demanding her ketubah she lost her right to sustenance, she can therefore collect neither her ketubah, nor her sustenance from the orphans who are minors. If, however, we follow the opinion mentioned in the Talmud, that we do enforce collection of a ketubah from minors, in order that the widow find it easier to remarry - then L is entitled to collect her ketubah.
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