Perek ha'Kosev l'Ishto

1)

(a)Which three rights does a husband have in his wife's property?

(b)Which of the three ...

1. ... comes into effect when he writes for her 'Din u'Devarim Ein Li bi'Nechasayich'?

2. ... remains unaffected when he adds the word 'uv'Peirosayich'?

(c)According to Rebbi Yehudah, what must he add in order to be forbidden to eat even Peirei Peiros?

(d)What if he replaces 'ad Olam' with 'b'Chayech uv'Mosech'?

1)

(a)A husband has rights in his wife's property - with regard to eating Peiros during her lifetime, stopping her from selling it and inheriting it after her death.

(b)When he ...

1. ... writes for her, 'Din u'Devarim Ein Li bi'Nechasayich' - he can no longer prevent her from selling it.

2. ... adds the word 'uv'Peirosayich' - he continues to inherit her after her death.

(c)According to Rebbi Yehudah, should he add 'uv'Peiroseihen uv'Peirei Peiroseihen ad Olam' - he will be forbidden to eat even the Peirei Peiros.

(d)If he replaces 'ad Olam' with 'b'Chayech uv'Mosech' - he may neither eat Peiros during his wife's lifetime, nor does he inherit her after her death.

2)

(a)In the previous case, on what basis does Raban Shimon ben Gamliel permit him to inherit the field and to eat the Peiros even after his wife's death?

(b)What does he learn from the Pasuk in Pinchas "li'*She'eiro* ha'Karov Elav mi'Mishpachto v'Yarash Osah"?

(c)On what grounds does he concede that the condition is valid regarding the Peiros during her lifetime?

2)

(a)In the previous case, Raban Shimon ben Gamliel permits him to inherit the field and to eat the Peiros even after his wife's death - on the basis of the principle 'Kol ha'Masneh al Mah she'Kasuv ba'Torah, Tena'o Batel'.

(b)He learns from the Pasuk "li'*She'eiro* ha'Karov Elav mi'Mishpachto v'Yarash Osah" - that a man inherits his wife (making Yerushas ha'Ba'al d'Oraisa).

(c)He concedes however, that the condition is valid regarding the Peiros during her lifetime - since Peiros is only a Takanah mid'Rabanan.

3)

(a)How does Rebbi Chiya amend the wording 'ha'Kosev l'Ishto ... '?

(b)The Beraisa states that if someone writes (or says) to the partner with whom he shares a field 'Din u'Devarim Ein Li al Sadeh Zu, v'Ein Li Esek Bah v'Yadi Mesulekes Heimenah', he remains a partner as before. Why is that?

(c)Then why does the Tana of our Mishnah accept the same Lashon with regard to one's wife's Nichsei Milug?

3)

(a)Rebbi Chiya amends the wording 'ha'Kosev l'Ishto ... ' - to 'ha'Omer l'Ishto'.

(b)The Beraisa states that if someone writes (or says) to the partner with whom he shares a field 'Din u'Devarim Ein Li al Sadeh Zu, v'Ein Li Esek Bah v'Yadi Mesulekes Heimenah', he remains a partner as before - because withdrawal from something that one already owns is ineffective (until he actually gives it to his partner as a gift).

(c)The Tana of our Mishnah nevertheless accepts the same Lashon with regard to one's wife's Nichsei Milug - because, as Rebbi Yanai explains, he is speaking when the withdrawal took place whilst they were still betrothed (and the man did not yet own any rights in the woman's property) ... like Rav Kahana .

4)

(a)This is based on the statement of Rav Kahana 'Nachalah ha'Ba'ah Lo l'Adam mi'Makom Acher, Adam Masneh Alehah she'Lo Yirshenah'. What is the significance of 'mi'Makom Acher'?

(b)This in turn, is based on a statement by Rava. What did Rava say about someone who says 'I Efshi b'Takanas Chachamim ... '?

(c)When Rava he added the words 'Kegon Zu', he was referring to a statement by Rav Huna Amar Rav. What did Rav Huna Amar Rav say?

(d)Seeing as the ultimate reason behind this is because it is illogical to force someone to accept a Takanah that is made for his benefit, why should there be a difference whether a man withdraws from his wife's property before his marriage to her or after it?

4)

(a)This in turn, is based on the statement of Rav Kahana 'Nachalah ha'Ba'ah Lo l'Adam mi'Makom Acher, Adam Masneh Alehah she'Lo Yirshenah'. By mi'Makom Acher - he means that it came to him, not in the form of a regular inheritance, which comes automatically, but through the marriage which he initiated.

(b)This in turn, is based on a statement by Rava, who stated that someone who says 'I Efshi b'Takanas Chachamim - Shom'in Lo'.

(c)When he added the words 'Kegon Zu', he was referring to a statement by Rav Huna Amar Rav - who permits a woman to say to her husband 'Eini Nizones, v'Eini Osah', seeing as the main Takanah of Mezonos is for the woman's benefit.

(d)Despite the fact that the ultimate reason behind this is because it is illogical to force someone to accept a Takanah that is made for his benefit, the right to withdraw from his wife's property is restricted to before the marriage - because once they are married, Chazal reinforced his rights, making him a joint owner (from which he cannot retract, as we explained).

5)

(a)According to Abaye, Chazal reinforced the husband's rights, making him an equal partner in his wife's Nichsei Milug. What does Rava say?

(b)The ramifications of their Machlokes are regarding a Shomeres Yavam, who dies leaving property that she has inherited. According to Beis Shamai, her father's heirs and her husband's (the Yavam) share it, whereas according to Beis Hillel, it remains in the possession of her father's heirs. Abaye establishes this Machlokes when she inherited the property whilst still married to her husband. What does Rava say?

5)

(a)According to Abaye, Chazal reinforced the husbands rights, making him an equal partner in his wife's Nichsei Milug; whereas according to Rava - they gave him even more rights in his wife's property than his wife (making him the stronger partner).

(b)The ramifications of their Machlokes concern a Shomeres Yavam, who dies leaving property that she inherited. According to Beis Shamai, her father's heirs and her husband's (the Yavam) share it, whereas according to Beis Hillel, it remains in the possession of her father's heirs. Abaye establishes this Machlokes when she inherited the property whilst still married to her husband. In Rava's opinion however - the property would then go entirely to the Yavam, and they argue when she inherited it after the death of her husband, when she was already a Shomeres Yavam.

6)

(a)They asked whether a Kinyan would render the Lashon 'Din u'Devarim ... ' effective. Why can this She'eilah not apply to the case in our Mishnah? Then to which case does it apply?

(b)Rav Yosef maintains that the Kinyan comes to reinforce the meaningless withdrawal from the land, and is no more valid than the withdrawal itself. What does Rav Nachman say?

(c)Abaye establishes Rav Yosef by 'Orer', but not by 'Omed'. What does he mean by that?

(d)Ameimar rules that the Kinyan comes to acquire the land. Is he referring to the case of Omed (even according to Rav Yosef), or even to that of Orer (according to Rav Nachman)?

6)

(a)They asked whether a Kinyan would render the Lashon 'Din u'Devarim ... ' effective. This She'eilah cannot apply to the case in our Mishnah - because the reason that 'Din u'Devarim ... ' is not fully effective there is due to the ambiguity of his Lashon, which, in turn, will not become any clearer through a Kinyan. Consequently - it must apply to the case in the Beraisa ('Din u'Devarim Ein Li al Sadeh Zu, v'Ein Li Esek Bah v'Yadi Mesulekes Heimenah'), where it is ineffective, not because it is ambiguous, but because the Lashon is deficient. Perhaps we ask, the Kinyan can supplement what the Lashon lacks.

(b)Rav Yosef maintains that the Kinyan comes to reinforce the meaningless withdrawal from the land, and is no more valid than the withdrawal itself - Rav Nachman however, says that the Kinyan pertains to the actual land and is therefore valid.

(c)Abaye establishes Rav Yosef by 'Orer', but not by 'Omed' - meaning that it is only if his partner claimed the field immediately following the Kinyan, that we accept his word that the Kinyan pertained only to the 'Din u'Devarim ... '. But if the partner came at a later date, then we assume that, in reality, the Kinyan was on the actual land, and that he only now argues that he meant to substantiate the 'Din u'Devarim ...' because his friends advised him to say so.

(d)When Ameimar rules that the Kinyan comes to acquire the land - he is referring even to the case of Orer (like Rav Nachman), because he does not agree with Rav Yosef.

83b----------------------------------------83b

7)

(a)Why, in the Reisha of our Mishnah, do we restrict 'Din u'Devarim ... ' to where the woman sold the property? Why do we not say that he meant to withdraw from all of his (three) rights?

(b)So how do we know that he did not mean to withdraw from ...

1. ... the Peiros, which is less than the losses caused by his wife's sale?

2. ... the inheritance (in the event of his wife's death), because there is no reason to suspect that she might die?

(c)How does Rav Ashi learn all this from the word ('Din u'Devarim) ... bi'Nechasayich'?

7)

(a)In the Reisha of our Mishnah, we restrict 'Din u'Devarim ... ' to where the woman sold the property, and not to the other two rights (Peiros and inheritance) - because, since there is room for doubt as to what he meant, we apply the principle 'Yad Ba'al ha'Shtar al ha'Tachtonah'. In other words, since it is the person with the document (in this case, the woman) who is coming to claim, we apply the other principle 'ha'Motzi me'Chavero Alav ha'Re'ayah', to claim the minimum that is implied by the document, placing the onus on the man to prove otherwise.

(b)We know that the husband did not mean to withdraw from ...

1. ... the Peiros, despite the fact that it is less than what he stands to lose from the wife's sale - because 'Botzina Tav mi'Kara' ('a bird in the hand is worth two in the bush'), and he is currently benefiting from the fruits, as opposed to the sale, which will only cause him a loss later (albeit a more substantial one).

2. ... the inheritance (in the event of his wife's death), despite the fact that there is no reason to suspect that she might die - because death is inevitable, whereas the sale of the property is not (so it is from the latter that he probably withdrew).

(c)Rav Ashi learns all this from the word ('Din u'Devarim) ... bi'Nechasayich' - which implies 'bi'Nechasayich', v'Lo b'Peiroseihen; 'bi'Nechasayich', v'Lo l'Achar Misah.

8)

(a)Rebbi Yehudah in our Mishnah, differentiates between Peiros and Peirei Peiros. What are Peirei Peiros?

(b)We are not sure whether the criterion, according to Rebbi Yehudah, who mentions both 'Peirei Peiros' and 'ad Olam', is the former or the latter. What is the third alternative?

(c)Assuming that the criterion according to him, is ...

1. ... 'Peirei Peiros', why did he need to mention 'ad Olam'?

2. ... 'ad Olam', why did he need to mention 'Peirei Peiros'?

(d)Why might it be necessary to mention both? Let him write only ...

1. ... 'Peirei Peiros' (and not 'ad Olam')?

2. ... 'ad Olam' (and not 'Peirei Peiros')?

8)

(a)Rebbi Yehudah in our Mishnah, differentiates between Peiros and Peirei Peiros. 'Peirei Peiros' - is the proceeds of the sale of the Peiros.

(b)We are not sure whether the criterion, according to Rebbi Yehudah who mentions both 'Peirei Peiros' and 'ad Olam', is the former or the latter - or whether he requires both.

(c)Assuming that the criterion according to him, is ...

1. ... 'Peirei Peiros', he nevertheless mentioned 'ad Olam' - to teach us that once he mentions 'Peirei Peiros' it is as if he had written 'ad Olam' (to include 'Peirei d'Peirei Peiros').

2. ... 'ad Olam', he nevertheless mentions 'Peirei Peiros' - to teach us that even if he had written 'Peirei Peiros', it would have been meaningless without 'ad Olam'.

(d)It might also be necessary to mention both. It would not suffice to write only ...

1. ... 'Peirei Peiros' (and not 'ad Olam') - because then we would not have included 'Peirei d'Peirei Peiros' in the prohibition.

2. ... 'ad Olam' (and not 'Peirei Peiros') - because we have would explained it to mean that the fruit is forbidden forever (this year and next year ... ), but not Peirei Peiros.

9)

(a)We ask what the Din will be if a man writes 'Din u'Devarim Ein Li bi'Nechasayich uv'Peirei Peiros (without mentioning Peiros). What are the two sides of the She'eilah?

(b)How do we attempt to resolve it logically?

(c)We counter this proof however, with Rebbi Yehudah in our Mishnah, who specifically permits the husband to eat the Peirei Peiros (in the event that he failed to insert them into his stipulation). There too, we can ask that, once the woman has eaten the Peiros, where will the Peirei Peiros come from. How do we answer both questions 'with one sweep' (leaving our She'eilah unresolved)?

9)

(a)We ask what the Din will be if a man writes 'Din u'Devarim Ein Li bi'Nechasayich u've'Peirei Peiros (without mentioning Peiros) - whether he specifically omitted 'Peiros', in order to retain his rights to benefit from them; or whether he obviously intended to include Peiros too (as if to say from the Nechasim to the Peirei Peiros and all that is in between.

(b)We attempt to resolve this She'eilah logically - by pointing out that, if he eats the Peiros, how can there even be Peirei Peiros to discuss?

(c)We counter this proof however, with Rebbi Yehudah in our Mishnah, who specifically permits the husband to eat the Peirei Peiros (should he not have inserted them into his stipulation). There too, we can ask that, once the woman has eaten the Peiros, where will the Peirei Peiros come from. It must therefore be - that Rebbi Yehudah speaks when the woman left over some Peiros, from which they purchased Peirei Peiros. That being so, we can refute our proof in exactly the same way (leaving our She'eilah unresolved).

10)

(a)What statement did Rav issue with regard to the Machlokes between the Tana Kama and Raban Shimon ben Gamliel?

(b)We suggest that what he meant was that, whereas Raban Shimon ben Gamliel holds that, should the woman die, her husband inherits her (in spite of his stipulation) because of 'Masneh al Mah she'Kasuv ba'Torah', Rav holds that he inherits her for a different reason. Which reason?

(c)What will Rav then hold with regard to 'Masneh al Mah she'Kasuv ba'Torah'?

(d)On what grounds do we refute this suggestion?

10)

(a)With regard to the Machlokes between the Tana Kama and Raban Shimon ben Gamliel - Rav stated that the Halachah is like Raban Shimon ben Gamliel, though not because of his reason.

(b)We suggest that what he meant was that - whereas Raban Shimon ben Gamliel holds that, should the woman die, her husband inherits her (in spite of his stipulation) because of 'Masneh al Mah she'Kasuv ba'Torah', Rav holds that a man inherits his wife only mid'Rabanan, and his stipulation is negated, because the Chachamim are more stringent in their own rulings than the Torah is in its rulings.

(c)With regard to 'Masneh al Mah she'Kasuv ba'Torah' - Rav holds like Rebbi Yehudah, who declares valid any monetary stipulation ('be'Davar she'ba'Mamon, Tena'o Kayam').

(d)We refute this suggestion - on the grounds that elsewhere, Rav holds 'Masneh al Mah she'Kasuv ba'Torah, Tena'o Batel', even when the condition is a monetary one.

11)

(a)Rav maintains that, if someone sells his friend an object on condition that the prohibition of overcharging will not apply to him, it nevertheless does apply. What does Shmuel say?

11)

(a)Rav maintains that, if someone sells his friend an object on condition that the prohibition of overcharging will not apply to him, it nevertheless does apply - Shmuel says, 'be'Davar she'be'Mamon, Tena'o Kayam'.

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