Responsa for Bava Batra 278:10
ואי ליכא לאלו ואלו עד שיבגרו
THE SONS INHERIT [IT], AND THE DAUGHTERS ARE MAINTAINED [FROM IT].<span class="x" onmousemove="('comment',' Until they marry or become of age. ');"><sup>19</sup></span> [IF] THE ESTATE IS SMALL, THE DAUGHTERS ARE MAINTAINED [FROM IT], AND THE SONS SHALL GO BEGGING.<span class="x" onmousemove="('comment',' Lit., 'begging at the doors'. ');"><sup>20</sup></span> ADMON SAID, 'AM I TO BE THE LOSER BECAUSE I AM A MALE!' R. GAMALIEL SAID: ADMON'S VIEW HAS MY APPROVAL.<span class="x" onmousemove="('comment',' Lit., 'I see the words of Admon'. ');"><sup>21</sup></span> <b><i>GEMARA</i></b>. What is considered a large estate?<span class="x" onmousemove="('comment',' Lit., 'and how much (are) many'. ');"><sup>22</sup></span> — Rab Judah said in the name of Rab: Out of which both<span class="x" onmousemove="('comment',' Lit., 'these and these', the sons and the daughters. ');"><sup>23</sup></span> may be maintained for twelve months. When I recited this before Samuel,<span class="x" onmousemove="('comment',' When, after the death of Rab, he joined for some time Samuel's academy. ');"><sup>24</sup></span> he said, 'This is the view of R. Gamaliel b. Rabbi, but the Sages say that [the estate must be large enough] to provide for the maintenance of both<span class="x" onmousemove="('comment',' Lit., 'these and these', the sons and the daughters. ');"><sup>23</sup></span> until they reach their majority'. [So] it was also stated [else. where]: When Rabin came,<span class="x" onmousemove="('comment',' From Palestine to Babylon. ');"><sup>25</sup></span> he said in the name of R. Johanan, (others say [that it was] Rabbah b. Bar Hanah [who] said it in the name of R. Johanan): When [the estate is large enough] to provide for the maintenance of both until they have reached their majority, It is [considered] large; if less, it is regarded as small. And if [the estate] does not suffice for both until they have reached their majority,
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.
Teshuvot Maharam
A. All punishments for sin prescribed by the Torah are applicable to women as well as to men. Therefore, a ban of excommunication may be put upon women informers. If they possess property over which their husbands exercise no rights, the injured party may collect damages from such property. He may also collect damages from their Niksei Melug [a wife's property, the income of which belongs to the husband although he is not responsible for the loss of the property itself] which may immediately be transferred to the claimant. The husband, however, will continue to reap the income of such property until his death or the death of his wife (whichever comes first) or until they are divorced.
SOURCES: Pr. 599; Mord. B. K. 90–1; Agudah B. K. 105.
Teshuvot Maharam
A. A's wife had no right to promise a dowry or give anything to B or C without A's permission. Her promises and gifts were, therefore, void and B must return to A the valuables A's wife had deposited with him.
SOURCES: Pr. 858.