Responsa for Bava Batra 273:12
פשיטא מהו דתימא א"ל למיעבד איסורא לא יהבינן לך קא משמע לן
hence he taught us [that we do not say so]. R. Joseph said in the name of R. Johanan: The <i>halachah</i> is according to Rabban Simeon b. Gamaliel and even in the case where a dead man's shrouds were made of it.<span class="x" onmousemove="('comment',' Lit., 'he made them into a shroud for the dead', i.e., the gift or any part of its proceeds was used for the purpose. ');"><sup>33</sup></span> [This is surely] obvious! It might have been presumed that it was not given to him<span class="x" onmousemove="('comment',' Lit., 'they (or we) did not give you'. ');"><sup>34</sup></span>
Teshuvot Maharam
Q. While still in good health, A deposited a sum of money with B and instructed him to give it to his (A's) son C upon the latter's marriage. A died. Subsequently, but before his marriage, C also died. Can A's widow collect her ketubah from the money deposited with B, or must B return the money to C's heirs?
A. Since C did not marry before A's death, and since the money never came into C's possession, it never belonged to C, and A's widow is, therefore, entitled to collect her ketubah from that money. A widow is entitled to collect her ketubah from all bequests made causa mortis, and from all gifts that are not legally to be delivered to the donee (as in cases where the donor died before the stipulated date of delivery of the gift) but which must be so delivered for the reason that "it is a meritorious act to fulfill the expressed wishes of a dying person" (Gittin, 15a).
SOURCES: Pr. 966; Mord. B.B. 629.
A. Since C did not marry before A's death, and since the money never came into C's possession, it never belonged to C, and A's widow is, therefore, entitled to collect her ketubah from that money. A widow is entitled to collect her ketubah from all bequests made causa mortis, and from all gifts that are not legally to be delivered to the donee (as in cases where the donor died before the stipulated date of delivery of the gift) but which must be so delivered for the reason that "it is a meritorious act to fulfill the expressed wishes of a dying person" (Gittin, 15a).
SOURCES: Pr. 966; Mord. B.B. 629.
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