Responsa על כתובות 130:8
Teshuvot Maharam
Q. L, who managed her husband's business, deposited money with B and C. Her husband, A, demands this money from B and C claiming that the money was his.
A. If the money is in the hands of the depositaries, they must return it to A, since the latter entrusted his business to his wife. If, however, the money was returned to L and she claims that the money belongs to her, since it had been originally given to her on condition that her husband have no rights thereto; or that the money belongs to a person, D, who lent it to her, she may take an oath to support her claim and retain the money. Although a husband may not exact an oath from his wife regarding her management of his business (Ket. 88a), this rule applies only to the case where the husband is not positive in his claim.
Q. A left his wife L; and while he was away, L borrowed money for the sustenance of herself and of her infant daughter. A now refuses to pay the debts she thus incurred.
A. If L will take an oath to the effect that these loans were made to her with the expectation that she would personally repay them and that now she is unable to do so, A will be obliged to pay these debts. For a husband must provide for the sustenance of his wife, and of his children until they reach the age of six.
Q. L contends that A beat her. A denies this charge, but admits having left her without her consent. She now refuses to live with him unless he make a solemn promise, obligating himself by a herem, and drawing up a document to the effect that… [reference is made to the details that were enumerated in the inquiry, which was written on the other side of the parchment].
A. A must comply with L's wishes or divorce her, and pay her the ketubah; for a husband must honor his wife and not degrade her.
SOURCES: Am II, 24.
A. If the money is in the hands of the depositaries, they must return it to A, since the latter entrusted his business to his wife. If, however, the money was returned to L and she claims that the money belongs to her, since it had been originally given to her on condition that her husband have no rights thereto; or that the money belongs to a person, D, who lent it to her, she may take an oath to support her claim and retain the money. Although a husband may not exact an oath from his wife regarding her management of his business (Ket. 88a), this rule applies only to the case where the husband is not positive in his claim.
Q. A left his wife L; and while he was away, L borrowed money for the sustenance of herself and of her infant daughter. A now refuses to pay the debts she thus incurred.
A. If L will take an oath to the effect that these loans were made to her with the expectation that she would personally repay them and that now she is unable to do so, A will be obliged to pay these debts. For a husband must provide for the sustenance of his wife, and of his children until they reach the age of six.
Q. L contends that A beat her. A denies this charge, but admits having left her without her consent. She now refuses to live with him unless he make a solemn promise, obligating himself by a herem, and drawing up a document to the effect that… [reference is made to the details that were enumerated in the inquiry, which was written on the other side of the parchment].
A. A must comply with L's wishes or divorce her, and pay her the ketubah; for a husband must honor his wife and not degrade her.
SOURCES: Am II, 24.
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