Responsa for Bava Batra 305:7
אמר אמימר לית הלכתא כוותיה דרבא אמר ליה רב אשי לאמימר פשיטא דהא אמרי נהרדעי הלכתא כוותיה דרב מהו דתימא מחיים מודי רב קא משמע לן
Amemar said: The law is not according [to the view] of Raba. Said R. Ashi to Amemar: [Is not this] obvious, seeing that the scholars of Nehardea distinctly said [that] the law was in accordance with [the decision] of Rab! — It might have been assumed [that where the entry was]. 'from life', Rab agrees,<span class="x" onmousemove="('comment',' That, unlike 'in life', possession is acquired at once as if the gift had been made by a man in good health. ');"><sup>16</sup></span> hence it was necessary to teach us [otherwise]. There was a certain [person] who once came [with an enquiry]<span class="x" onmousemove="('comment',' To ask For R. Nahman's ruling on the legality of withdrawing a gift in the deed of which was enacted 'in life and in death', ');"><sup>17</sup></span>
Teshuvot Maharam
A. B must take an oath to the effect that he gave the money to his daughter while she was still living in peace and harmony with her husband, and thus be free from obligation. Since B's daughter was a rebellious wife she ought to be dealt with as such. I already wrote to you, while I was in Konstanze, my opinion regarding the law governing a rebellious wife. We follow the ordinance of the Geonim and permit her to keep all she brought to her husband as dowry (Nikse Zon Barzel), and whatever he brought is returned to him, nor is she entitled to the Ikkar ketubah; she is then to wait until either he consents to divorce her, or she decides to go back to him. If we suspect, however, that she does not dislike her husband but revolts against him because of financial considerations, or because her father, her mother, or her relatives induce her to quarrel with him, we take away from her even her dowry. In such a case we must follow the law in all its strictness and give all the possessions of the couple to the husband, for the ordinance of the Geonim mentioned above does not apply to the woman who rebels against her husband because she is persuaded to do so by others.
SOURCES: Cr. 93, 94; L. 327, 328; Mord. Ket. 186–7; cf. Mordecai Hagadol, p. 160d; Terumat Hadeshen 220; Isserlein, Pesakim 264.