Responsa for Eruvin 129:8
מאי משמע דהאי מפיק לישנא דגלויי הוא דכתיב (תהלים יח, טז) ויראו אפיקי מים ויגלו מוסדות תבל
One Master<span class="x" onmousemove="('comment',' R. Johanan.');"><sup>22</sup></span> upholds the view of R'Shesheth while the other Master<span class="x" onmousemove="('comment',' R. Hanina who uses the expression of 'passing by'.');"><sup>23</sup></span> does not.<span class="x" onmousemove="('comment',' In his opinion a man's mind must be absolutely tranquil and clear during his prayers. A man who does not awake on his own cannot have a rxn clear mind and is consequently unfit for prayer. (For another interpretation of the passage v. R. Han. and cf. Tosaf. s.v. a.l.) . rmc lgua rmc');"><sup>24</sup></span> R'Hiyya B'Ashi citing Rab ruled: A person whose mind is not at ease must not pray, since it is said: 'He who is in distress shall give no decisions'.<span class="x" onmousemove="('comment',' M.T. has no such verse. R. Tam. (Tosaf. s.v. a.l.) attempts to trace it to Job XXXVI, 19, rendering as 'thy prayer' and as here interpreted 'in distress'.');"><sup>25</sup></span>
Teshuvot Maharam
A. A's last words are of no consequence since he was not in his right mind while uttering them. Therefore, if A's daughters admit that A had promised L three marks as part of her dowry and had not paid it to her, L is entitled to collect three marks in addition to the causa mortis gift, for while A, on his death-bed, gave presents to his other daughters, he probably intended to make no exception in his dealing with L. But, if the other daughters disclaim any knowledge of A's debt, they must take an heir's oath. Although I have often contended that an heir's oath is imposed on a claimant only, but not a defendant, the custom is widely accepted to impose such an oath even on a defendant.
SOURCES: Cr. 97.