Responsa for Bava Batra 277:18
דלמא שאני פרנסה דאית לה קלא
[whether] the husband has [the legal] status of a buyer<span class="x" onmousemove="('comment',' Of the property brought to him by his wife. ');"><sup>50</sup></span> or that of an heir? Is he [regarded as] a buyer [and consequently he need not repay her debt] since a verbal loan cannot be collected from a buyer; or is he, perhaps, regarded as an heir, [who must pay her debt], since a verbal loan may be collected from heirs? — He replied to him: We have learned this in our Mishnah, [IF] THOSE [WHO WERE] OF AGE MARRIED, THE MINORS [ALSO] MAY TAKE; does not [this mean that] IF THOSE WHO WERE OF AGE [WERE] MARRIED to husbands, THE MINORS MAY TAKE [towards their marriage expenses] from the husbands?<span class="x" onmousemove="('comment',' Of the married sisters; which proves that the husbands are regarded as heirs, not as buyers. The claim of the minors is now assumed to have the same force as that of a verbal loan which cannot be collected from a buyer. ');"><sup>51</sup></span> — No; [this may mean that] IF THOSE [WHO WERE] OF AGE [WERE] MARRIED to husbands, THE MINORS [ALSO] MAY TAKE<span class="x" onmousemove="('comment',' Out of the residue of the estate; not from their sisters' husbands who are regarded as buyers, not as heirs. ');"><sup>52</sup></span>
Teshuvot Maharam
A. Authorities differ regarding the rights of a husband over his wife's dowry. Some authorities decide that a husband has the rights of a buyer [who is not responsible for the seller's debts] while others hold that his rights are those of an heir [who is liable for the debts of his benefactor]. Since we can not choose between these conflicting opinions, we allow the money to remain in the hands of the present possessor. And since L has no money and will have no money till she be widowed or divorced, there is no sense in exacting an oath from her. We give B a written verdict, however, to the effect that in case L be widowed or divorced she then must take an oath denying B's claim or pay that debt.
SOURCES: Am II, 25, 27, 29. Cf. Agudah B. B. 185.
Teshuvot Maharam
A. A's unmarried sons are not entitled to marriage gifts. The estate is to be divided equally among the sons.
SOURCES: L. 181.
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.