Responsa for Bava Batra 348:6
שאני התם להכי טרח וכתב ליה התקבלתי
may exact payment.<span class="x" onmousemove="('comment',' In this case it is certain that the bond was not found by him but that it was delivered to him by the creditor. ');"><sup>15</sup></span> [Now], according to R. Huna the son of R. Joshua one can well understand [this law]<span class="x" onmousemove="('comment',' That the guarantor may exact payment from the orphans where the receipt for the debt is entered on the bond. ');"><sup>16</sup></span> to be applicable in the case where the debtor had admitted [liability].<span class="x" onmousemove="('comment',' V. supra p. 767. n. 7. ');"><sup>17</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.
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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