Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 348:4

מיתיבי ערב שהיה שטר חוב יוצא מתחת ידו אינו גובה ואם כתוב בו התקבלתי ממך גובה

a bond of indebtedness<span class="x" onmousemove="('comment',' Which ho received from the creditor on payment of the debt incurred by the father of the orphans. ');"><sup>9</sup></span> cannot exact payment.<span class="x" onmousemove="('comment',' from the orphans, while they are still minors; since it is possible that he never repaid the loan, but accidentally found the bond which the creditor may have lost. When, however, the orphans obtain their majority they may be sued by the guarantor who, on taking the required oath, must be duly compensated. ');"><sup>10</sup></span> If, however, it contains the entry,<span class="x" onmousemove="('comment',' Lit., 'written in it'. ');"><sup>11</sup></span>

Teshuvot Maharam

Q. A says that B's mother before her death instructed B to give A one Mina out of her possessions, since she had owed money to A's mother and did not remember whether or not she had repaid the entire sum. B denies having received such instructions from his mother, and further claims that A's mother owed him more than one Mina. But A has witnesses who testify that after his mother's death B admitted having received these instructions.
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.
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