Responsa for Bava Batra 287:4
פשיטא מהו דתימא כיון דלאו דרכה למטרח אף על גב דלא פריש כמו דפריש דמי קמשמע לן:
[Is this not] obvious?<span class="x" onmousemove="('comment',' Why was it necessary for our Mishnah to restate it in the case of a widow, seeing that the law had already been stated in regard to brothers. ');"><sup>9</sup></span> — It might have been assumed [that] since it is not usual for her to look after an orphan's estate<span class="x" onmousemove="('comment',' Lit., 'to take the trouble'. ');"><sup>10</sup></span> [she is entitled to all the profits], even where she did not [first] make a specific declaration,<span class="x" onmousemove="('comment',' Lit., 'specified'; that she desired the estate to be divided and that she intended to make the improvements in her interests alone. ');"><sup>11</sup></span>
Teshuvot Maharam
A. If the valuables B brought to A were undistinguishable and no one recognized them as having belonged to B's former husband, A is free from obligation for five reasons. a) Even if the valuables B brought to A were worth more than the value of her ketubah, such valuables may not all necessarily have come from the estate of her former husband, for she might have received some gifts or found a treasure. b) Were B still alive she would have been obliged to take an oath [to the effect that she did not take from her former husband more than the value of her ketubah], but now that she is dead, A is free from the obligation of taking an oath, since he is not supposed to know his wife's affairs. c) A is not even required to take the oath of an heir — that B never told him, and that he did not know that she had received from the estate of her former husband more than the value of her ketubah — since the heirs of B's former husband are not positive in their claim. The heirs, however, may pronounce the ban (herem) in the synagogue against anyone who does possess such knowledge and does not reveal it. Such ban would include A. d) Whatever a person would have retained, had he taken an oath, his heirs may retain without the necessity of taking an oath. e) Some authorities require A to take the oath of an heir; but since many great authorities absolve him from such oath, and since A is in possession of the aforesaid valuables, the burden of proof is upon the plaintiff. For similar reasons A would be free from the obligation of taking an oath, even if some of the valuables brought to him by B were distinguishable and were recognized as having belonged to B's former husband, if the valuables thus recognized were in themselves not worth more than the value of B's ketubah. But, if the distinguishable valuables are in themselves worth more than the value of B's ketubah, A must return the difference to the heirs of B's first husband.
Q. Witnesses have testified to the effect that B and her former husband, C, had made a binding agreement that in the event of the death of one party, the surviving party would share the property with the heirs. After C's death, B settled with all of C's heirs, except the youngest, D, who was born after the drawing up of the agreement. D, therefore, is now pressing his claim.
A. D was entitled to his share even though he was born after the agreement was made, for in it B did not bestow benefits on anybody; she merely relinquished her rights to C's property up to a certain extent, and D later became heir to the relinquished property. However, A may claim that B brought him nothing from C's estate, or he may contend that B had already settled with D, and be free from obligation for the reasons enumerated above.
SOURCES: Am II, 17; cf. Hayyim Or Zarua, Responsa 86; ibid. 165; ibid. 191.
Teshuvot Maharam
A. Since B's mother did not take the required oath regarding her ketubah, she had no property of her own; even the clothes she wore on week-days belonged to the estate. Consequently B is unable to carry out his mother's instructions. B is under no moral obligation to repay his mother's debt since the mother herself had not been pressed for payment.
SOURCES: Cr. 76.