Responsa for Ketubot 103:4
ואמר לי לא שמעתי ונראין דברים שהדירה ולבסוף נשבית דאי אמרת נשבית ולבסוף הדירה אתי לאיערומי
And he told me: I did not hear [what he said] but it seems [that he referred to] a case where [the husband] made the vow against her first and the woman was taken captive afterwards; for, should you say [that the ruling applied also to a woman who] was taken captive first and then the man made his vow against her afterwards, he might come to act deceitfully.
Teshuvot Maharam
Q. [While B was out of town] B's wife was put under house arrest by the officer. The latter's servants kept constant watch over her not letting her take a single step outside of her house without their permission. She asked A to go surety for her to the officer. A complied with her wishes, and she was released. The officer, however, made unjust and extravagant demands on A, with which demands he was forced to comply. A now demands that B make good the losses he has suffered because of his suretyship.
A. B was under obligation to ransom his wife, for there was no practical difference between her being taken captive or her being placed under house arrest. When B's wife asked A to ransom her, she assumed responsibility for all damages A might suffer on this account. Since A is entitled to collect such damages from B's wife, and she is entitled to collect them from her husband B, A is entitled to collect such damages directly from B through "R. Nathan's lien" (garnishee proceedings).
SOURCES: Cr. 164. Cf. Agudah B. K. 138.
A. B was under obligation to ransom his wife, for there was no practical difference between her being taken captive or her being placed under house arrest. When B's wife asked A to ransom her, she assumed responsibility for all damages A might suffer on this account. Since A is entitled to collect such damages from B's wife, and she is entitled to collect them from her husband B, A is entitled to collect such damages directly from B through "R. Nathan's lien" (garnishee proceedings).
SOURCES: Cr. 164. Cf. Agudah B. K. 138.
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