Talmud Bavli
Talmud Bavli

Responsa for Bava Kamma 173:3

אמר רב יוסף מריש הוה אמינא מאן דאמר הלכה כר' יהודה דאמר סומא פטור מן המצות קא עבדינא יומא טבא לרבנן מ"ט דלא מפקדינא וקא עבדינא מצות

he who is subject to the 'ordinances' is subject to 'commandments' and 'statutes', but he who is not subject to 'ordinances' is not subject to 'commandments' and 'statutes'. R. Joseph stated:<span class="x" onmousemove="('comment',' Kid. 31a. ');"><sup>4</sup></span> Formerly I used to Say: If someone would tell me that the <i>halachah</i> is in accordance with R. Judah who declared that a blind person is exempt from the commandments, I would make a festive occasion for our Rabbis, because though I am not enjoined<span class="x" onmousemove="('comment',' As R. Joseph became blind through an illness; cf. Shab. 109a. ');"><sup>5</sup></span>

Teshuvot Maharam

Q. L borrowed money from B, with a verbal promise to repay. Subsequently she married A and gave him money as her dowry. Is A obligated to pay L's debt, out of that dowry? Are we permitted to exact an oath from L in case she denies B's claim?
A. Authorities differ regarding the rights of a husband over his wife's dowry. Some authorities decide that a husband has the rights of a buyer [who is not responsible for the seller's debts] while others hold that his rights are those of an heir [who is liable for the debts of his benefactor]. Since we can not choose between these conflicting opinions, we allow the money to remain in the hands of the present possessor. And since L has no money and will have no money till she be widowed or divorced, there is no sense in exacting an oath from her. We give B a written verdict, however, to the effect that in case L be widowed or divorced she then must take an oath denying B's claim or pay that debt.
SOURCES: Am II, 25, 27, 29. Cf. Agudah B. B. 185.
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