Responsa for Bava Batra 273:3
קשיא דרבי אדרבי ודרשב"ג אדרשב"ג
— There is no contradiction between the two statements of Rabbi,<span class="x" onmousemove="('comment',' Lit., 'of Rabbi on that of Rabbi'. ');"><sup>7</sup></span> [since] one<span class="x" onmousemove="('comment',' Allowing the second to reclaim what the first had sold. ');"><sup>8</sup></span> [may refer] to the capital;<span class="x" onmousemove="('comment',' Which is not the possession of the first, and which he has, consequently, no right to sell. Hence it may rightly be reclaimed from the buyer. ');"><sup>9</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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