תלמוד על נדרים 9:2

MISHNAH: If somebody died and left his wife, a creditor⁸⁸Who is secured by a mortgage lien on the deceased person’s real estate., and heirs, and he was owed a deposit or a debt by a third party⁸⁹Since a deposit is unsecured movable property, also the debt due to the deceased is presumed to be unsecured movable property., Rebbi Ṭarphon says, these should be given to the weakest among them. Rebbi Aqiba says, one does not show mercy in law! But these should be given to the heirs for all others have to swear⁹⁰The widow who wants to receive her ketubah in cash (instead of being supported by the heirs for the rest of her life) has to swear that she did not receive anything during her husband’s lifetime. The creditor has to swear that his claim was not satisfied., only the heirs do not have to swear⁹¹Since as movable property the deposit or debt was not mortgaged, it becomes the heirs’ free property at the moment of death of the bequeather..