Responsa for Ketubot 179:10
<big><strong>גמ׳</strong></big> מדקתני הראשונה קודמת לשניה ולא קתני הראשונה יש לה והשניה אין לה מכלל דאי קדמה שניה ותפסה לא מפקינן מינה
GEMARA. Since it was stated “the first [wife] takes precedence over the second” and not “The first wife receives payment and the second does not,” it may be deduced that if the second wife went forth and seized [the payment for her ketubah] we do not take it away from her.
Teshuvot Maharam
Q. L, B's widow, seized all of his movables in payment of her ketubah. Subsequently, A, B's creditor, produced B's note of indebtedness and by the use of force took away the movables from L.
A. A acted within his rights. The ruling of the Talmud (Ket. 86a), which gives the debtor precedence over the widow in the settlement of an estate, is to be enforced even if the widow has already seized her husband's property.
SOURCES: Cr. 195; Hag. Maim., Ishut 17, 2. Cf. Asher, Responsa 79, 1; Weil, Responsa 30.
A. A acted within his rights. The ruling of the Talmud (Ket. 86a), which gives the debtor precedence over the widow in the settlement of an estate, is to be enforced even if the widow has already seized her husband's property.
SOURCES: Cr. 195; Hag. Maim., Ishut 17, 2. Cf. Asher, Responsa 79, 1; Weil, Responsa 30.
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