Responsa for Shevuot 93:8
רבותינו שבארץ ישראל רבי אבא דההוא גברא דחטף נסכא מחבריה אתא לקמיה דרב אמי יתיב ר' אבא קמיה אייתי חד סהדא דמחטף חטפא מיניה א"ל אין חטפי ודידי חטפי
And Rab and Samuel both said: They did not teach this,<span class="x" onmousemove="('comment',' That the lender's sons receive payment from the borrower's sons, if they take an oath.');"><sup>14</sup></span> except if the lender died during the lifetime of the borrower;<span class="x" onmousemove="('comment',' When the lender's sons would have obtained payment from the borrower without an oath; and when the borrower dies, the lender's sons can exact payment from the borrower's sons only with an oath.');"><sup>15</sup></span> but if the borrower died during the lifetime of the lender, the lender was already obliged to take an oath to the sons of the borrower;<span class="x" onmousemove="('comment',' For no payment can be exacted from orphans except with an oath.');"><sup>16</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.