REVACH L'DAF
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SUMMARY
Shmuel: If a woman writes a gift document for the purpose of keeping them from her husband, the document is destroyed. (1)
Raban Shimon ben Gamliel: If a woman wants to keep her property away from her husband, she should write a Shtar Pasim to her friend. (2)
Chachamim: If the woman is giving away only a portion of her property with a Shtar Pasim, the recipient may keep the property. (3)
If a wife inherits money or produce, she must buy Karka with the proceeds and the husband eats the produce of the Karka.
Chachamim: If a woman inherits Karka together with produce that is still attached to the ground, the fruit belongs to the husband. (4)
If a woman inherits property, it is preferable to use it to buy land rather than a house. A house is better than palm trees. Palm trees are better than other fruit trees, and fruit trees are better than grapevines.
Anything that reproduces is regarded as fruit and is given to the husband, and anything that does not reproduce belongs to the wife.
Rebbi Yanai: One who steals the offspring of an animal of Nichsei Melug must pay Kefel to the woman. (5)
The offspring of an animal of Nichsei Melug belongs to the husband. (6)
The Tana'im disagree about whether the offspring of a maidservant of Nichsei Melug belongs to the woman or to her husband. (7)
If the wife brings into the marriage a goat for its milk, a sheep for its wool, a rooster for its eggs, or a tree for its fruit, it is given to the husband.
If the wife brings into the marriage a cloak, the husband has the right to wear it until it wears out.
The Tana'im disagree about whether a wife who inherited old servants and fruit trees should sell them and buy land with the proceeds. (8)
If a husband improved the Nichsei Melug, and he ate some of the produce, he has no claims to be repaid any of his expenses in the event of a divorce. (9)
A BIT MORE
1. The recipient of the document is not allowed to keep the property. The document was given only so that the husband would not inherit the property if she dies. Therefore, the recipient may not keep the property.
2. The Shtar Pasim is a gift document that does not allow the recipient to actually keep the property, but it stops the husband from inheriting the property.
3. Therefore, the Chachamim maintain that the woman should write a contract that says that the property is given to the recipient "from today when I want." If the husband attempts to take the property, the woman will say that she wants the recipient to have it and the recipient will acquire it retroactively. If the recipient (and not the husband) tries to take it, the woman will say that she does not want the recipient to have it.
4. Rebbi Meir: If a woman inherits Karka together with produce still attached to the ground, we assess the extra value the Karka has as a result of the produce, and that amount is used to buy Karka from which the husband eats the fruit.
5. Even though the offspring of the animal of Nichsei Melug belongs to the husband, the Kefel is paid to the wife because the Chachamim gave only the fruit of Nichsei Melug to the husband, but not the fruit of the fruit.
6. It is regarded as the fruit of the animal of Nichsei Melug. Even though, according to the Rabanan, there is a concern that the animal will die and she will lose her entire principal, since at least she will be left with the hide, we give the offspring to the husband.
7. Chananyah: We are not concerned that the maidservant will die and the wife will lose her principal. Therefore, the husband is given the offspring. Rabanan: We are concerned for the death of the maidservant. Therefore, the offspring is given to the wife.
8. If she owns the land on which the fruit trees are growing, everyone agrees that she should not sell the trees.
9. This applies only if he ate it in an honorable fashion.
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BRIEF INSIGHT
A GOAT FOR ITS MILK
If the wife brings into the marriage a goat for its milk or a sheep for its wool, it is given to the husband. The Rif says that the wife owns only the milk or the wool; she does not own the goat or the sheep. Even so, it is regarded as fruit and is given to the husband. The Rosh argues with the Rif and says that if nothing will be left from the principal after the husband takes his share, it is not regarded as fruit. Even though, in the case of the offspring of a servant, Chananyah is not concerned for Misah and if the servant dies nothing will be left of the principal, in that case the husband is not consuming the principal and it dies on its own, as opposed to this case where the husband is consuming the principal. Therefore, it should not be given to the husband.
QUICK HALACHAH
OLD SERVANTS
If the wife inherits old servants, the husband may not sell them because they are regarded as an heirloom for her family. If she inherits old olive trees or grapevines, if they produce enough fruit to pay for their upkeep the husband may not sell them because they are regarded as an heirloom for her family. If they do not produce enough fruit to pay for their upkeep, they should be sold for its value in wood and the proceeds should be used to buy land, and the fruit of the land is given to the husband. (Shulchan Aruch EH 85:14)
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