Responsa for Ketubot 139:20
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.
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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Teshuvot Maharam
Q. While still in good health, A deposited a sum of money with B and instructed him to give it to his (A's) son C upon the latter's marriage. A died. Subsequently, but before his marriage, C also died. Can A's widow collect her ketubah from the money deposited with B, or must B return the money to C's heirs?
A. Since C did not marry before A's death, and since the money never came into C's possession, it never belonged to C, and A's widow is, therefore, entitled to collect her ketubah from that money. A widow is entitled to collect her ketubah from all bequests made causa mortis, and from all gifts that are not legally to be delivered to the donee (as in cases where the donor died before the stipulated date of delivery of the gift) but which must be so delivered for the reason that "it is a meritorious act to fulfill the expressed wishes of a dying person" (Gittin, 15a).
SOURCES: Pr. 966; Mord. B.B. 629.
A. Since C did not marry before A's death, and since the money never came into C's possession, it never belonged to C, and A's widow is, therefore, entitled to collect her ketubah from that money. A widow is entitled to collect her ketubah from all bequests made causa mortis, and from all gifts that are not legally to be delivered to the donee (as in cases where the donor died before the stipulated date of delivery of the gift) but which must be so delivered for the reason that "it is a meritorious act to fulfill the expressed wishes of a dying person" (Gittin, 15a).
SOURCES: Pr. 966; Mord. B.B. 629.
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