Responsa for Ketubot 107:16
איתמר אלמנה רב אמר שמין מה שעליה ושמואל אמר אין שמין מה שעליה אמר רב חייא בר אבין וחילופה בלקיט
It was stated: [When a ketubah is being paid to] a widow: Rav said: They assess what she wears, and Shmuel says they do not asses what she wears. Hiyya b. Avin said: [Their opinions are] reversed in the case of a hired worker.
Teshuvot Maharam
Your statement is correct. The act of a married woman who disposed of her clothes on her death-bed, is invalid. The clothes must be returned to the husband. For a husband buys raiment for his wife only for the purpose of her wearing them, not for the purpose of her giving them away. Although the husband was present at the time the gifts were made, and did not protest, his silence did not indicate consent. It rather showed a knowledge that his wife's act was invalid, and required no protest.
This Responsum is addressed to: "My teacher Rabbi Asher."
SOURCES: Am II, 34.
This Responsum is addressed to: "My teacher Rabbi Asher."
SOURCES: Am II, 34.
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