תלמוד בבלי
תלמוד בבלי

Responsa על גיטין 80:11

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.
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