Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 351:9

ור' יוחנן אמר אחד זה ואחד זה אינו גובה אלא מנכסים בני חורין ואף על גב דכתב ביה ופלוני ערב

[IF THE GUARANTEE AND SIGNATURE OF] A GUARANTOR APPEAR BELOW THE SIGNATURES TO BONDS OF INDEBTEDNESS, etc. Rab said: [If the guarantee appears] before the signatures on the bond, [the debt] may be recovered from mortgaged property; if after the signatures on the bond, [it] may be recovered from free property [only]. At times, Rab said: Even [if the guarantee appears] before the signatures on the bond [the debt] may be recovered from free property only. [This, surely, presents] a contradiction [between one ruling] of Rab and the other ruling of his!<span class="x" onmousemove="('comment',' Lit., 'on Rab'. ');"><sup>17</sup></span> — There is no contradiction. The one<span class="x" onmousemove="('comment',' Where the guarantor's mortgaged property may not be seized. ');"><sup>18</sup></span>

Teshuvot Maharam

Q. A creditor demanded his money from a critically ill person. The latter admitted the indebtedness and ordered his heirs to repay the debt. Do you follow the decision of R. Tam that a widow has priority over a creditor in collecting (her ketubah) from movables, or the decision of Alfasi and the Geonim that the creditor has priority over the widow?
A. No difference of opinion exists between R. Tam and the Geonim in regard to this law. Even the former admits that nowadays, when the ordinance of the Saburaim gives the creditor the right to collect his debt from movables even after the debtor's death, the creditor has priority over the widow in collecting from movables.
SOURCES: Pr. 334; Am II, 68; Tesh. Maim. to Ishut, 23.
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Teshuvot Maharam

Q. A creditor demanded his money from a critically ill person. The latter admitted the indebtedness and ordered his heirs to repay the debt. Do you follow the decision of R. Tam that a widow has priority over a creditor in collecting (her ketubah) from movables, or the decision of Alfasi and the Geonim that the creditor has priority over the widow?
A. No difference of opinion exists between R. Tam and the Geonim in regard to this law. Even the former admits that nowadays, when the ordinance of the Saburaim gives the creditor the right to collect his debt from movables even after the debtor's death, the creditor has priority over the widow in collecting from movables.
SOURCES: Pr. 334; Am II, 68; Tesh. Maim. to Ishut, 23.
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