Teshuvot Maharam · Berlin Edition, Part I, Chapter 281
1
וששאלת אם הלכה כאנשי יהודה או כאנשי גליל (כתו' נ"ב ע"ב ונ"ד ע"א) איני כדאי להכריע בזה כי דבר זה נפתח בגדולים ורבו מחלוקת בדבר זה אמנם מנהגי לפסוק בכל דבר כדברי רב אלפס בדבר שלא נחלקו עליו התוס' כי כל דרכיו משפט וצדק כ"ש בנדון זה שהתוס' פסקו בהדי' כמותו דהלכה כאנשי גליל.
Q. Does the custom of the Galileans prevail, which provides that the widow is entitled to receive her sustenance out of her husband's estate all the days of her widowhood until she demand her ketubah; or is the custom of the Judeans to be followed, which provides that the heirs may discontinue providing her sustenance as soon as they are ready to pay her the ketubah (Ket. 52b, 54a)? A. Opinions differ on this subject and I should not dare to decide between the authorities. However, we always follow the decisions of Alfasi whenever they are not contradicted by the Tosaphists. In this case the Tosaphists specifically agree with Alfasi that the custom of the Galileans was to be followed. The fact that two or three members of your community found it necessary to insert, in the ketubot they gave to their wives, the clause: "after my death, should you desire to remain a widow the rest of your life you may take possession of all my property" does not prove that your community has adopted the Judean custom. These individuals may have merely reiterated the accepted custom for the sake of emphasis. Moreover, this clause is not entirely superflous even in a community where the Galilean custom prevails; for it strengthens the widow's position inasmuch as it makes her master of the estate, while according to the Galilean custom she is only to receive thirty-day allowances at a time. Neither does the fact that some widows in your community have been ousted from their husbands' estates by being paid their ketubah, prove that you have adopted the Judean custom. Mere ignorance of their rights may have been the only reason these widows did not protest against such an ouster. SOURCES: P. 281; Am. II, 4; Mord. Ket. 170. Cf. Moses Minz, Responsa 5; ibid. 17; Terumat Hadeshen 335, Isserlein, Pesakim 223.
וששאלת אם הלכה כאנשי יהודה או כאנשי גליל (כתו' נ"ב ע"ב ונ"ד ע"א) איני כדאי להכריע בזה כי דבר זה נפתח בגדולים ורבו מחלוקת בדבר זה אמנם מנהגי לפסוק בכל דבר כדברי רב אלפס בדבר שלא נחלקו עליו התוס' כי כל דרכיו משפט וצדק כ"ש בנדון זה שהתוס' פסקו בהדי' כמותו דהלכה כאנשי גליל.
Q. Does the custom of the Galileans prevail, which provides that the widow is entitled to receive her sustenance out of her husband's estate all the days of her widowhood until she demand her ketubah; or is the custom of the Judeans to be followed, which provides that the heirs may discontinue providing her sustenance as soon as they are ready to pay her the ketubah (Ket. 52b, 54a)?
A. Opinions differ on this subject and I should not dare to decide between the authorities. However, we always follow the decisions of Alfasi whenever they are not contradicted by the Tosaphists. In this case the Tosaphists specifically agree with Alfasi that the custom of the Galileans was to be followed. The fact that two or three members of your community found it necessary to insert, in the ketubot they gave to their wives, the clause: "after my death, should you desire to remain a widow the rest of your life you may take possession of all my property" does not prove that your community has adopted the Judean custom. These individuals may have merely reiterated the accepted custom for the sake of emphasis. Moreover, this clause is not entirely superflous even in a community where the Galilean custom prevails; for it strengthens the widow's position inasmuch as it makes her master of the estate, while according to the Galilean custom she is only to receive thirty-day allowances at a time. Neither does the fact that some widows in your community have been ousted from their husbands' estates by being paid their ketubah, prove that you have adopted the Judean custom. Mere ignorance of their rights may have been the only reason these widows did not protest against such an ouster.
SOURCES: P. 281; Am. II, 4; Mord. Ket. 170. Cf. Moses Minz, Responsa 5; ibid. 17; Terumat Hadeshen 335, Isserlein, Pesakim 223.