Responsa for Bava Kamma 173:1
וכן היה רבי יהודה פוטרו מכל דינים שבתורה מ"ט דרבי יהודה אמר קרא (במדבר לה, כד) ושפטו העדה בין המכה ובין גואל הדם על המשפטים האלה כל שישנו במכה ובגואל הדם ישנו במשפטים כל שאינו במכה ובגואל הדם אינו במשפטים
So also did R. Judah exempt him from all the judgments of the Torah. What is the reason of R. Judah? — Scripture says: Then the congregation shall judge between the smiter and the avenger of blood according to these ordinances,<span class="x" onmousemove="('comment',' Num. XXXV, 24. ');"><sup>1</sup></span> whoever is subject to the law of the 'smiter' and 'the avenger of blood' is subject to judgments, but he<span class="x" onmousemove="('comment',' Such as a blind person. ');"><sup>2</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.
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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