ثيقة شرعيّة: Bodl. MS heb. d 66/144

ثيقة شرعيّة Bodl. MS heb. d 66/144

تاريخ الإدخال

في PGP منذ 2024

الوصف

Folio from a volume of responsa in the hand of Yosef b. Shemuel b. Saʿadya ha-Levi (ca. 1181–1209). The first query concerns a widow and her three children who are living in a half dār which was the sole asset of her late husband. The late husband owed 8 dinars to a creditor. The property is worth 7 dinars. They sold the property to support themselves, though it seems they are still living there. The query is if the creditor can claim the property because of the debt owed him. The answer is that he can do this only if the orphans have reached maturity, but not for as long as they are minors. Cites ʿArakhin 22a. The second query describes a different legal aspect of the same scenario: the widow has lost her ketubba. The query is whether she has any claim over the property on the basis of her lost ketubba (which would have specified a delayed marriage payment due to her). The answer is that she cannot make any claim on her rights from her ketubba without presenting the original document, having it validated by the court, and taking the widow's oath. The third query concerns a person who purchased a bible codex (muṣḥaf ketiv) from Muslims from the sack/plunder (nuhba) of Fustat (probably referring to the events of 1168). He found written in it that it belonged to the Qodesh. He is in financial straits due to the capitation tax and wants to sell it. Does he have the right to sell or to pawn it? Cf. a similar responsum by Maimonides (Blau's edition, no. 209). Information in part from M. A. Friedman's edition. Note that the adjacent fragment Bodl. MS heb. d 66/143 is another folio from a literary/halakhic discussion in the hand of the same scribe, but is not directly connected to this fragment.