1)CHAZAKAH IN A WIFE'S PROPERTY

(a)(Rav): One cannot make a Chazakah in the property of a married woman!

(b)(Judges of Chutz la'Aretz): He can make a Chazakah.

(c)(Rav): The Halachah follows the judges of Chutz la'Aretz.

(d)Rav Kahana and Rav Asi (to Rav): Did you retract?

(e)Rav: No. Presumably, they discuss the case of Rav Yosef.

2)CHAZAKAH IN A HUSBAND'S PROPERTY

(a)(Mishnah): A woman cannot make a Chazakah in her husband's property...

(b)Objection: This is obvious! He allowed her to use the field because he must feed her!

(c)Answer: The case is, he designated another field from which she will be fed.

(d)Inference: She does not get a Chazakah in his property, but if she can prove that he sold it to her, she gets it!

(e)Question: Why can't he say 'I only pretended to sell it in order to get her to show the money that she took from me (and I took back my money)!'

1.Suggestion: This teaches that if one sells to his wife, she acquires, and he cannot say that he only pretended to sell it in order to get her to show the money that she took from him!

(f)Answer: No, perhaps she gets his property only if she can prove that he gave it to her (for free. Then, he cannot say that he only intended to get her to show money.)

(g)(Rav Nachman): If one sells to his wife, she acquires. He cannot say that he intended only to get hr to show the money that she took from him.

(h)Objection (Rav Huna): This is obvious! She acquires through the document of sale, even without the money (so he cannot say that wrote the document in order to get her to show the money)!

1.(Mishnah): Land is acquired through money, a document or Chazakah.

(i)Answer: Shmuel taught that a document by itself acquires a gift, but a sale is not final until the money is given.

(j)Question: This law was challenged!

1.Question (Rav Hamnuna - Beraisa): A document to acquire land: he writes on paper or pottery, even if it is not worth a Perutah, 'my field is sold or given to you.' The field is sold or given (even without the money)!

(k)Answer: Rav Hamnuna himself answered that!

1.Answer #1 (Rav Hamnuna): The Beraisa discusses a field sold due to its low quality. (Rav Nachman's law needed to teach about a normal field, which is not acquired until the money is given.)

2.Answer #2 (Rav Ashi): The document says 'sold and given.' The original owner wanted to give it for a gift. He also wrote 'sold' to accept Acharayos (to compensate the receiver if the land will be taken).

(l)Question (Beraisa): If Reuven borrowed from his slave and freed him, or borrowed from his wife and divorced her, the freed slave or ex-wife has no claim against him.

1.Question: What is the reason?

2.Answer: He can say 'I only pretended to borrow in order to get him or her to show the money that he or she took from me!'

(m)Answer: Indeed, we say this regarding a loan, for people are very reluctant to borrow (so it is unlikely that he truly borrowed) - "Eved Loveh l'Ish Malveh";

1.(Regarding a sale, we assume that the sale is valid.)

(n)(Rav Huna bar Avin): If one sells a field to his wife, she acquires. The husband eats the Peros.

51b----------------------------------------51b

(o)(R. Aba, R. Avahu and the greatest Chachamim of the generation): He really gave it for a gift (therefore, she eats the Peros). He wrote an expression of a sale to accept Acharayos (to compensate the receiver if the land will be taken).

(p)Question (Beraisa): If Reuven borrowed from his slave and freed him, or borrowed from his wife and divorced her, the freed slave or ex-wife has no claim against him.

1.Question: What is the reason?

2.Answer: He can say 'I only intended to get him or her to show the money he or she took from me!'

(q)Answer: We say so only regarding a loan, for "Eved Loveh..." (but we assume that a sale is valid).

3)WHO EATS THE PEROS OF A GIFT TO HIS WIFE?

(a)(Rav): If one sells a field to his wife, the sale is valid. He eats the Peros (like from any of her fields);

1.If he gave to her a gift, the gift is valid and she eats the Peros. (This is an exception to the general rule that he eats the Peros of her property);

(b)(R. Elazar): In both cases (sales and gifts), she acquires and she eats the Peros.

(c)A case occurred, and Rav Chisda ruled like R. Elazar.

(d)Ravna Ukva and Ravna Nechemyah: Why did you rule like the smaller Chacham against the greater (Rav, R. Elazar's Rebbi)?

(e)Rav Chisda: R. Yochanan agrees with R. Elazar. He is as great as Rav.

1.(Ravin citing R. Yochanan): In both cases, she acquires and she eats the Peros.

(f)(Rava): The Halachah is, if one sells a field to his wife, she does not acquire. He eats the Peros;

1.If he gave to her a gift, she acquires and she eats the Peros;

(g)Question: Saying that he eats the Peros (in the case of a sale) implies that she acquires, but Rava said that she does not acquire!

(h)Answer: If he had not seen her money (he only pretended to sell in order to get her to show the money she took from him) she does not acquire;

1.If he had seen her money, she acquires, but he eats the Peros (like Rav).

2.(Rav Yehudah): If he had not seen her money, she does not acquire. If he had seen her money, she acquires.

4)DEPOSITS THAT MAY HAVE BEEN STOLEN

(a)(Beraisa): We do not accept deposits from a (married) woman, slave or child (perhaps he or she stole it from his or her husband, owner or father);

1.If Reuven took a deposit from a woman or slave, he returns it to him or her. If the woman or slave died, he returns it to the husband or owner;

OTHER D.A.F. RESOURCES ON THIS DAF