Responsa for Bava Kamma 173:11
והחובל בעבד כנעני שלו פטור מכולן:
OR HE WHO INJURES ANOTHER ON THE SABBATH<span class="x" onmousemove="('comment',' Thus involving capital punishment, v. Shab. 106a; supra p. 192. ');"><sup>18</sup></span> IS EXEMPT FROM ALL [THE FIVE ITEMS], FOR HE IS CHARGED WITH A CAPITAL OFFENCE.<span class="x" onmousemove="('comment',' In the punishment for which all civil liabilities merge; v. supra p. 192. ');"><sup>19</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.
Ask RabbiBookmarkShareCopy