Talmud Bavli
Talmud Bavli

Responsa for Gittin 80:11

כדרבא דאמר רבא הקדש חמץ ושחרור מפקיעין מידי שיעבוד אלא מפני תיקון העולם שמא ימצאנו בשוק

[FOR A DEBT] TO ANOTHER MAN AND HE EMANCIPATES HIM, IN STRICT JUSTICE THE SLAVE IS NOT LIABLE FOR ANYTHING, BUT TO PREVENT ABUSES<span class="x" onmousemove="('comment',' Lit., 'for the better ordering of the world'. ');"><sup>10</sup></span> HIS MASTER IS COMPELLED TO EMANCIPATE HIM. AND HE GIVES A BOND FOR HIS PURCHASE PRICE. RABBAN SIMEON B. GAMALIEL SAYS THAT HE DOES NOT GIVE A BOND BUT HE EMANCIPATES HIM.<span class="x" onmousemove="('comment',' The whole of this Mishnah is explained in the Gemara. ');"><sup>11</sup></span> <b><i>GEMARA</i></b>. IF A MAN MAKES HIS SLAVE SECURITY FOR A DEBT AND HE EMANCIPATES HIM. Who emancipates him? — Rab says, his first master. In strict justice the slave is then not liable for anything to his second master, according to the dictum of Raba, that 'sanctification,<span class="x" onmousemove="('comment',' If a man pledges an animal as security and then devotes it for a sacrifice. ');"><sup>12</sup></span> leaven,<span class="x" onmousemove="('comment',' If a man borrows from a Gentile on the security of leaven and the Passover intervenes, rendering the leaven forbidden for use. ');"><sup>13</sup></span> and emancipation release from a creditor's lien.'<span class="x" onmousemove="('comment',' V. B.K. 90a. ');"><sup>14</sup></span> To prevent abuses, however, [that is to say, for fear] lest he should find him in the street

Teshuvot Maharam

Q. Without the knowledge of his wife, A, a dying person, distributed his possessions, giving some to his son, some to his sister, and others to charity. When his wife learned about it, she protested against the gifts to the sister and to charity. Does her protest invalidate these gifts?
A. A woman's ketubah is a lien upon her husband's property. Since even the husband's consecration of his possessions is ineffective, as it does not remove the wife's lien upon them, his giving them away to charity is surely ineffective. Therefore, if A's wife will take an oath to the effect that A's possessions were not in excess of her ketubah, she will be entitled to retain them.
SOURCES: L. 232. Cf. Isserlein Pesakim 86.
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