12th CYCLE DEDICATION
KESUVOS 78 (8 Kislev) - Dedicated l'Iluy Nishmas: Shoshana Raizel bas Reb Yisrael Leib -- Mrs. Rose Shaw -- on the seventh Yahrzeit of her passing, by her grandson, Yisrael Shaw and family (Jerusalem).

1)

CAN A MARRIED WOMAN SELL HER PROPERTY?

(a)

(Mishnah): Beis Shamai and Beis Hillel agree that an Arusah may sell or give for a gift property that fell to her before Kidushin.

(b)

Beis Shamai say, even if it fell after Kidushin, she may sell;

(c)

Beis Hillel say, she may not sell.

(d)

They agree that if she sold or gave it, the sale or gift stands.

(e)

R. Yehudah: Chachamim said in front of R. Gamliel 'Since her husband acquires her, he should acquire the property!'

1.

R. Gamliel (to Chachamim): We are embarrassed about the new property (we say that if she sold after Nisu'in, the husband takes it from the buyers). Do you suggest to say the same about the old property?!

(f)

Beis Shamai and Beis Hillel agree that if property fell to her after Nisu'in, if she sold it the husband takes it from the buyers.

(g)

R. Gamliel says, if property fell to her before Nisu'in, and she sold or gave it after Nisu'in, it stands.

(h)

R. Chanina ben Akavya: Chachamim said in front of R. Gamliel: Since the husband acquires the woman, doesn't he acquire the property?!

1.

R. Gamliel: We are embarrassed about the new property. Do you suggest this about the old property?!

(i)

R. Shimon distinguishes between different types of property:

1.

If the husband knew about it, she may not sell it. If she did, the sale or gift is void;

2.

If the husband did not know about it, she may not sell it. If she did, the sale or gift stands.

(j)

(Gemara) Question: Why do they agree in the Reisha (property that fell before Kidushin), and argue in the Seifa (when it fell after Kidushin)?

(k)

Answer #1 (d'Vei R. Yanai): In the Reisha, the property falls to her. In the Seifa, it falls to him (due to his rights in her property).

(l)

Objection: If it falls to him, if she sold it the sale would not stand!

(m)

Answer #2: Rather, in the Reisha, the property falls to her. In the Seifa, it is a Safek whether it falls to her or to him (Eirusin is like Safek Nisu'in);

1.

L'Chatchilah, she should not sell. If she sold or gave it, it stands.

2)

THOSE WHO DISAGREE WITH R. GAMLIEL

(a)

(Mishnah - R. Yehudah): Chachamim said to R. Gamliel... (he should acquire the property)!

(b)

Question: Does R. Yehudah challenge Beis Shamai's opinion that she may sell, or Beis Hillel's opinion that her sale stands?

78b----------------------------------------78b

(c)

Answer (Beraisa - R. Yehudah): Chachamim said in front of R. Gamliel: A Nesu'ah is his wife and also an Arusah is his wife. Just like a Nesu'ah's sale is void, also an Arusah's sale is void!

1.

This shows that he holds that even b'Di'eved, the sale is void.

(d)

(Beraisa - R. Chanina ben Akavya): R. Gamliel did not answer that way, rather like this:

1.

R. Gamliel: No. A Nesu'ah's sale is void, since he receives her Metzi'os and earnings and he can annul her vows alone. We do not say so about an Arusah, in whom he lacks these privileges!

2.

Chachamim: That explains if she sold before Nisu'in. What if she sold after Nisu'in?

3.

R. Gamliel: Also then she may sell or give, and it stands.

4.

Chachamim: Since he acquires the woman, he should acquire the property!

5.

R. Gamliel: We are embarrassed about the new property. Do you suggest this about the old property?!

(e)

Contradiction (Mishnah - R. Gamliel) After Nisu'in, if she sold...(but she may not sell l'Chatchilah)!

(f)

Answer #1 (Rav Zvid): The Mishnah should say 'she may sell.'

(g)

Answer #2 (Rav Papa): The Mishnah is how R. Yehudah understood R. Gamliel. The Beraisa is how R. Chanina understood him.

(h)

Question: Does R. Chanina hold (that R. Gamliel holds) like Beis Shamai?!

(i)

Answer: No. He says that Beis Hillel agree with Beis Shamai (that she may sell l'Chatchilah).

3)

WHEN THE HUSBAND CAN RECLAIM THE PROPERTY

(a)

(Rav and Shmuel): Whether the property fell before Kidushin or during Eirusin, (if she sold) after Nisu'in, the husband takes the property from the buyers.

(b)

Question: Who is this like? It is not like R. Yehudah, nor like R. Chanina!

(c)

Answer: It is like Raboseinu;

1.

(Beraisa): Raboseinu reconsidered, voted and concluded that whether the property fell before Kidushin or during Eirusin, (if she sold) after Nisu'in, the husband takes the property from the buyers.

(d)

(Mishnah): After Nisu'in, they agree...

(e)

Suggestion: The enactment of Usha is taught in our Mishnah!

1.

(R. Yosi bar Chanina): In Usha they enacted that if a woman sold her Melug property in the life of her husband and she died, he takes the property from the buyers.

(f)

Rejection: No. Our Mishnah teaches that he may take the property from the buyers in her lifetime to eat the Peiros. The enactment of Usha applies to the land itself, after she dies.

(g)

(Mishnah): R. Shimon distinguishes between different types of property...

(h)

Question: What is called known property, and what is unknown?

(i)

Answer #1 (R. Yosi bar Chanina): Land is known; Metaltelim are unknown.

(j)

Answer #2 (R. Yochanan): Both of these are known;

1.

Unknown property is what she inherits from an overseas relative while she is here.

(k)

Support (Beraisa): Unknown property is what she inherits overseas while she is here.

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