Responsa for Ketubot 169:4
אבימי בריה דרבי אבהו הוו מסקי ביה זוזי בי חוזאי שדרינהו ביד חמא בריה דרבה בר אבהו אזל פרעינהו אמר להו הבו לי שטרא אמרו ליה סיטראי נינהו
Abimi the son of R. Abbahu owed money to the men of Be Hoze. He sent it to them with Hama the son of Rabbah b. Abbahu. He went there and paid them. He said to them, “Give me back the debt bond.” They said to him, “This payment was made in settlement of some other claim
Teshuvot Maharam
Q. A says that B's mother before her death instructed B to give A one Mina out of her possessions, since she had owed money to A's mother and did not remember whether or not she had repaid the entire sum. B denies having received such instructions from his mother, and further claims that A's mother owed him more than one Mina. But A has witnesses who testify that after his mother's death B admitted having received these instructions.
A. Since B's mother did not take the required oath regarding her ketubah, she had no property of her own; even the clothes she wore on week-days belonged to the estate. Consequently B is unable to carry out his mother's instructions. B is under no moral obligation to repay his mother's debt since the mother herself had not been pressed for payment.
SOURCES: Cr. 76.
A. Since B's mother did not take the required oath regarding her ketubah, she had no property of her own; even the clothes she wore on week-days belonged to the estate. Consequently B is unable to carry out his mother's instructions. B is under no moral obligation to repay his mother's debt since the mother herself had not been pressed for payment.
SOURCES: Cr. 76.
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