Responsa for Shevuot 93:13
אלא לאו דאמר ליה מנה לאבא ביד אביך אמר ליה חמשין ידענא וחמשין לא ידענא
I snatched it,' he is like a robber!<span class="x" onmousemove="('comment',' And is not believed on oath, v. B.B. (Sonc. ed.) p. 336 and notes.');"><sup>24</sup></span> - R'Abba said to him: He is liable to take an oath, and he cannot take the oath; and everyone who is liable to take an oath, and cannot take the oath, must pay.<span class="x" onmousemove="('comment',' Hence R. Abba holds that 'the oath returns to him upon whom it devolves'; and since he cannot take the oath, he pays.');"><sup>25</sup></span> Raba said: It is reasonable to agree with R'Abba, for R'Ammi learned: The oath of the Lord shall be between them both<span class="x" onmousemove="('comment',' Ex. XXII, 10.');"><sup>26</sup></span> - but not between the heirs. How is this [to be understood]? Shall we say, that he said to him: 'Your father owed my father a hundred zuz,' and the other replied to him: 'Fifty he owed him, but not the other fifty'; what is the difference between him and his father?<span class="x" onmousemove="('comment',' Since he definitely admits a portion, and definitely denies a portion, why should he not take the oath, as his father would have taken it?');"><sup>27</sup></span> But then, [it must mean] he said to him: 'Your father owed my father a hundred zuz,' and the other replied to him: 'Fifty I know, but the other fifty I do not know.'<span class="x" onmousemove="('comment',' He is exempt both from oath (for he cannot take an oath that his father does not owe it, since he is not sure about it) and from payment.');"><sup>28</sup></span>
Teshuvot Maharam
A. As long as A's widow did not take an oath regarding her ketubah, A's entire estate belonged to his two daughters. A's son-in-law, being his wife's rightful heir, is, therefore, entitled to half of A's estate.
This Responsum was addressed to Rabbi Menahem.
SOURCES: L. 226; Mord. Sheb. 780. Cf. Israel Bruno, Responsa 21.
Teshuvot Maharam
A. It is my humble opinion that the wife's heirs are entitled to one-half of the estate, because of the talmudic principle Kol Kavua kemahaze al mahaze domi, meaning: whenever an event is about to befall (or has befallen) one of a number of fixed persons or objects, each person or object has a fifty-fifty chance that the incident will befall (or has befallen) him or it. Therefore, legally, there is a fifty-fifty chance for each one of the six persons involved that he or she died last. Had the daughters been married and had their husbands appeared to demand their share, the estate would have had to be divided into six parts. But, since only two persons demand their share, the estate should be divided between the two. Although a woman has to take an oath before she is entitled to collect her ketubah, no such oath is required in this case since A died suddenly and we have no reason to suspect that before his death he had deposited with her valuables to be used in payment of her ketubah.
SOURCES: Cr. 172; L. 378; Mord. B. B. 638; Tesh. Maim. to Mishpatim, 5; Agudah B. B. 213; Asher, Responsa 84, 3. Cf. ibid. 85, 1; ibid. 86, 1; Maharil, Responsa 63; ibid. 169; Moses Minz, Responsa 96; Terumat Hadeshen 330.
Teshuvot Maharam
A. A controversy exists regarding the status of the property seized by a widow in payment of her ketubah, if the widow died before taking the required oath. Some are of the opinion that the entire property reverts to the husband's estate; while others hold that the part of such property which is valued at no more than half of the amount of the widow's ketubah remains part of the widow's estate, while anything above that amount reverts to the husband's estate. The latter opinion is accepted. Therefore, if B's sons take an oath that they inherited nothing from their father, they are free from any obligation to A. If, however, they are willing to repay their father's debt, they may demand that A take an oath as to the amount actually due him, since he has been proven to be untrustworthy.
SOURCES: Pr. 859.