Responsa for Bava Batra 348:15
הניחא למ"ד קבלן דכתובה אע"ג דלית ליה נכסי לבעל משתעבד שפיר אלא למאן דאמר אי אית ליה משתעבד אי לית ליה לא משתעבד מאי איכא למימר
was a priest.<span class="x" onmousemove="('comment',' Who is forbidden to marry a divorced woman. ');"><sup>42</sup></span> 'This is just what people say', exclaimed Abaye, 'poverty follows the poor'.<span class="x" onmousemove="('comment',' B.K. 92a, Hul. 105b. ');"><sup>43</sup></span> Could Abaye have said such a thing?<span class="x" onmousemove="('comment',' That R. Huna should be so advised. ');"><sup>44</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.
Ask RabbiBookmarkShareCopy