Gemara

(Mishnah): If a (married) woman damaged someone, she is exempt now, but pays later, i.e. after she is divorced.

88b (R. Yosi bar Chanina): In Usha, they enacted that if a woman sells her Melug property and dies in her husband's lifetime, he takes the property from the buyer.

(Rav Papa): The Mishnah proves that this enactment was made. If not, she should sell her Nichsei Melug (property she brought into the marriage, and gets it back (as is) when she collects her Kesuvah) to pay the damage!

Rejection: The enactment only prevents her from an absolute sale (i.e. the buyer will eventually get it even if she dies first). In any case, she can sell the Tovas Hana'ah (the rights to get the property if and when she is widowed or divorced)! We must say that the Mishnah discusses one who has no Nichsei Melug. Therefore, we cannot deduce whether or not there was an enactment.

Question: She should sell the Tovas Hana'ah of the Ikar Kesuvah (the 100 Zuz, or 200 if she was a virgin when he married her) to pay the damage!

Answer: She need not sell the Tovas Hana'ah, due to Shmuel's law.

(Shmuel): If Reuven sold a loan document, he or (after his death) his heir can pardon the loan. (She will surely pardon the Kesuvah to please her husband. No one would pay anything for it!)

Question: She should sell the Tovas Hana'ah of her Kesuvah to the victim! Even if she pardons the loan, he does not lose (without the sale, he collects nothing)!

Answer: She will surely pardon the Kesuvah. We do not exert Beis Din to arrange a sale that will not help the victim.

Question (Beraisa): Similarly, if she hit her husband, she does not forfeit her Kesuvah. (She should sell the Tovas Hana'ah of her Kesuvah to her husband. If she will pardon it, her husband does not lose. He is exempted from paying her!)

Answer: Our Mishnah is like R. Meir, who forbids a man to live with his wife even for a moment if she does have a Kesuvah (of at least 100 or 200), lest he consider divorce to be a light matter. Here, divorce would be a light matter, for he can divorce her without paying (since he owns collection rights of the Kesuvah)!

Rishonim

Rif: If a woman damaged, we do not make her sell Tovas Hana'ah of her Kesuvah, for she will surely pardon it. We should not overtly cause a loss to a buyer. We do not make her sell the Tovas Hana'ah of her Kesuvah to the victim. Even though it is no worse for him if she pardons it, since she will surely pardon it, we do not exert Beis Din to arrange a sale that will not help the victim.

Nimukei Yosef: The Ro'oh learns from here that any woman can sell Tovas Hana'ah of her Nichsei Melug. We say that surely she will pardon only when she was forced to sell.

Question: If the husband writes a document to the buyer in the buyer's name, she cannot pardon it. Granted, he would not want to do so to help a victim collect, but why doesn't he do so when she damaged him?

Answer (Nimukei Yosef): Even though it is not light in his eyes to divorce her, since the document is not in her name, she is like a wife without a Kesuvah.

Question: Since she will surely pardon, how can the Gemara discuss Tovas Hana'ah? No one will pay anything for her Kesuvah!

Answer (Nimukei Yosef): She could vow or swear that she will not pardon, and give securities or guarantors in case she does. However, she is not Meshubad (indebted) to him to do so.

Hagahos me'Eretz Yisrael (5,6): If she has property now, she pays. If she does not, she is not Meshubad to him because she has no property now.

Rambam (Hilchos Chovel u'Mazik 4:18): If a (married) woman damaged someone, she is exempt now, but pays later, i.e. after she is divorced.

Hagahos Maimoniyos (4): Ba'al ha'Itur proves from Bava Metzia 10b that likewise, she does not pay now for theft. The Gemara said that she does not pay now. R. Baruch says that we distinguished a married woman from a single woman only regarding damage, but not regarding theft.

Rosh (Bava Kama 8:9): If a woman damaged Levi, we evaluate all five payments and give a document to him saying how much she owes him when she will be widowed or divorced. If she had Nichsei Melug or Nichsei Tzon Barzel (property she brought in, and gets it back when collecting her Kesuvah, with compensation if its value changed), we would force her to sell them for Tovas Hana'ah, and pay Levi with the money. We do not make her sell her Ikar Kesuvah of 100 or 200 for Tovas Hana'ah. Surely, she will pardon it! Her husband is obligated due to Shibud d'R. Noson, because he is not yet obligated to pay the Kesuvah.

Mordechai (92): Rav Nachshon Gaon says that if a married woman damaged someone, she is exempt now, but she is lashed. If not, women will hit men.

Poskim

Shulchan Aruch (CM 424:9): If a (married) woman damaged someone, she is exempt now, but pays later, i.e. after she is divorced.

Rema: If she has Melug or Tzon Barzel property, she sells the Tovas Hana'ah and pays the victim.

Gra (16): The Gemara mentioned only Nichsei Melug in the Hava Amina, that she would sell them absolutely. (In the conclusion, she sells only Tovas Hana'ah, and this applies even to Tzon Barzel property.)

Beis Yosef (DH v'Chasuv citing Sefer ha'Terumos): If we do not find one who will buy Tovas Hana'ah of her Kesuvah, and the victim wants, we force her to sell it to him for the injury or loan. If the Tovas Hana'ah exceeds the damage, he need not give back anything now, until she acquires her independence.

SMA (17): She need not sell Ikar Kesuvah, for surely she will pardon it. Pardon does not apply to Melug and Tzon Barzel property.

Yam Shel Shlomo (8:27): Even if the victim wants to buy Tovas Hana'ah of her Kesuvah, Beis Din does not toil for him, for surely she will pardon it. However, if another man wants to buy Tovas Hana'ah, we sell to him to pay the victim. The same applies if she gives a guarantor to pay if she will pardon, or swears not to pardon and accepts punishments if she will do so. She is not obligated to do so.

Question (Ketzos ha'Choshen 424:2): The Gemara asked that even after Takanas Usha, she should sell Tovas Hana'ah of her Nichsei Melug. How would this help? Even without this, the victim gets the property after she is widowed or divorced! What does he gain if he receives now the value of this?

Answer (Ketzos ha'Choshen): Shuma Hadra l'Olam (one who paid a debt with land can always buy back the land). Sefer ha'Terumos (3:5:10) says that he buys it back for the initial price for which the creditor took it. If the land was worth 100 and the victim took it (for payment) for its Tovas Hana'ah, e.g. 10, when the husband dies, she takes it back for its initial value of 10! Rather, we would sell Tovas Hana'ah to someone else, and the victim gets the money. Shuma Hadra applies to one who received land for a debt, but not to a buyer.

Rebuttal (R. Meir Simchah, 89a DH Tazvin): Sefer ha'Terumos refers to when the value of the property increased. We cannot say that one who sells Tovas Hana'ah can buy it back later for the initial price. If so, no one would buy it!

Gra (386:22): When the Gemara said that she sells Tovas Hana'ah, it did not mean right away. Rather, it means for after her husband dies.