Responsa for Bava Batra 301:11
אחתיה דרב טובי בר רב מתנה כתבתינהו לנכסה לרב טובי בר רב מתנה בצפרא לפניא אתא רב אחדבוי בר רב מתנה בכה לה אמר לה השתא אמרי מר צורבא מרבנן ומר לאו צורבא מרבנן כתבתינהו ניהליה אתא לקמיה דרב נחמן אמר ליה הכי אמר שמואל כל שאילו עמד חוזר חוזר במתנתו
replied unto him: Samuel distinctly stated, 'whether for himself or for another'. The mother of R. Amram the pious had a case<span class="x" onmousemove="('comment',' [H] (root, [H], pluck), 'a bag made of hairless skins', From which the hair was plucked. ');"><sup>28</sup></span> of notes [of indebtedness]. While she was dying she said, 'Let it be [given] to my son Amram'. His brothers appeared before R. Nahman [and] said to him, 'Surely he<span class="x" onmousemove="('comment',' R. Amram. ');"><sup>29</sup></span>
Teshuvot Maharam
Rabbi Perez took issue with Rabbi Meir quoting Alfasi's decision that the ordinance of Usha — which ruled that a person who divided all of his property among his children may derive his sustenance as well as that of his wife's from such property — was not accepted.
Rabbi Meir reproved Rabbi Perez for resorting to Alfasi when the Talmud specifically decided that the ordinance of Usha was not accepted. R. Meir contended, however, that only that part of the ordinance was not accepted which gave the right to the donor, and to his wife while he was alive, to derive their sustenance from the property he had given away; while the rule that the widow may collect her sustenance or her ketubah from such property after the donor's death, was accepted before the ordinance of Usha was promulgated, and has remained in force independently of such ordinance.
Meanwhile L's relatives have written to Rabbi Meir asking for his decsion in this matter. R. Meir answered that he usually refrained from sending legal opinions to litigants, or to their relatives, and confined his responses to judges. But, when Rabbi Perez, in his second letter, gave the names of the litigants, R. Meir realized that the letters from L's relatives dealt with the same case. R. Meir recalled that among these letters was found a letter from Rabbi Asher which explained the circumstances of the gift mentioned above. Therefore, R. Meir added (in his second letter to Rabbi Perez) that since according to Rabbi Asher's letter, the donor mentioned the contingency of death when he summoned Rabbi Asher, he therefore made the gift to his son causa mortis (cf. B. B. 151a), and a widow is undoubtedly entitled to collect her ketubah from causa mortis gifts.
SOURCES: Cr. 192; Am II, 46–7; cf. Hag. Maim. to Ishut 16, 4; Mord. Ket. 161. Cf. Agudah B.M. 29; Moses Minz, Responsa 66.
Teshuvot Maharam
A. The bill of divorcement was ineffective. First, according to R. Tam and Ri the stipulated condition mentioned above, is to be interpreted to mean that A intended the divorce to become effective an hour before his death. Since on the day of A's death the bill of divorcement was already torn up, no divorce took place. A similar query was sent to me from Acco (Aachen?) and I ruled that no divorce took place. I always advise women who receive such conditional divorces to guard their bills of divorcement carefully till their husbands die. Secondly, even according to Rashi, who believes that the divorce becomes effective immediately upon the delivery of the bill of divorcement, if the husband subsequently dies from his illness, the fact that A was walking thereafter without the support of a cane nullified the bill of divorcement. In any event the advice of a medical authority would be required in order to decide whether or not A died from his first illness; and nowadays we have no medical authorities on whose expert opinion we can definitely rely in such a vital matter.
R. Meir adds: I do not possess the Tosaphot to tractate Gittin, nor the code books from the south (Alfasi and Maimonides). I composed the above with the help of heavenly guide; if you find that the Tosaphot and the codes hold another opinion, my opinion is nullified by theirs; for what does a poor man know, one who dwells in darkness and gloom for three and one half years.
This responsum was sent to Rabbi Asher from the tower of Ensisheim and was placed in his (R. Meir's) novellae in his own handwriting.
SOURCES: Am II, 108; Tesh. Maim. to Nashim, 30; Mordecai Hagadol, p. 229b.
Teshuvot Maharam
Rabbi Perez took issue with Rabbi Meir quoting Alfasi's decision that the ordinance of Usha — which ruled that a person who divided all of his property among his children may derive his sustenance as well as that of his wife's from such property — was not accepted.
Rabbi Meir reproved Rabbi Perez for resorting to Alfasi when the Talmud specifically decided that the ordinance of Usha was not accepted. R. Meir contended, however, that only that part of the ordinance was not accepted which gave the right to the donor, and to his wife while he was alive, to derive their sustenance from the property he had given away; while the rule that the widow may collect her sustenance or her ketubah from such property after the donor's death, was accepted before the ordinance of Usha was promulgated, and has remained in force independently of such ordinance.
Meanwhile L's relatives have written to Rabbi Meir asking for his decsion in this matter. R. Meir answered that he usually refrained from sending legal opinions to litigants, or to their relatives, and confined his responses to judges. But, when Rabbi Perez, in his second letter, gave the names of the litigants, R. Meir realized that the letters from L's relatives dealt with the same case. R. Meir recalled that among these letters was found a letter from Rabbi Asher which explained the circumstances of the gift mentioned above. Therefore, R. Meir added (in his second letter to Rabbi Perez) that since according to Rabbi Asher's letter, the donor mentioned the contingency of death when he summoned Rabbi Asher, he therefore made the gift to his son causa mortis (cf. B. B. 151a), and a widow is undoubtedly entitled to collect her ketubah from causa mortis gifts.
SOURCES: Cr. 192; Am II, 46–7; cf. Hag. Maim. to Ishut 16, 4; Mord. Ket. 161. Cf. Agudah B.M. 29; Moses Minz, Responsa 66.