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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).
If a woman inherited property prior to the Eirusin, she may sell that property after her Eirusin.
Beis Shamai: If a woman inherited property after her Eirusin, she may sell the property. Beis Hillel: She may not sell the property. (1)
When a woman inherits property after her Nisu'in and then sells it, her husband may take the produce of the property from the buyers.
Raban Gamliel: When a woman inherits property prior to her Nisu'in and sells it after her Nisu'in, b'Di'eved it is a valid sale. Chachamim: It is not a valid sale. (2)
A husband has the right, after the Nisu'in, to the Metzi'ah and handiwork of his wife, and he has the right to annul her Neder.
According to Rebbi Chananyah ben Akavyah, Raban Gamliel permits a Nesu'ah to sell, even l'Chatchilah, property that she inherited while she was an Arusah.
Raboseinu convened and decided that if a Nesu'ah sells her property, the sale is void even if she inherited the property prior to the Eirusin. (3)
In Usha, the Chachamim decreed that if a woman sells her Nichsei Melug during the lifetime of her husband, her husband may take back the property after her death. (4)
Rebbi Yosi bar Chanina says that according to Rebbi Shimon, if a woman inherited Karka and sells it after her Nisu'in, the sale is void. (5)
Rebbi Yochanan says that according to Rebbi Shimon, if a woman inherited Karka overseas, even if she sells it after her Nisu'in the sale is valid.
A BIT MORE
1. However, according to Raban Gamliel, Beis Hillel agrees that b'Di'eved if she sold the property it is a valid sale, and the husband may not take it from the buyers. The Chachamim argue that even b'Di'eved it is not a valid sale according to Beis Hillel.
2. According to the Chachamim, the husband may take the produce of the property from the buyers.
3. Raboseinu are even more lenient than the Chachamim of the Mishnah. The Chachamim of the Mishnah agree that when the wife inherited the property prior to the Eirusin and sells it, it is a valid sale even if she sells it after the Nisu'in.
4. During the wife's lifetime, the husband may take the produce from the property, and after her death he may take the actual property.
5. Since Karka is the type of property that the husband is aware that she owns, he married her with that property in mind. However, if the wife sells her Metaltelin (movable goods), which the husband does not usually know that she has, since he did not marry her with that property in mind, if she sells it after Nisu'in it is a valid sale.
THE SALE OF THE PROPERTY DURING EIRUSIN
Raboseinu convened and decided that if a Nesu'ah sells her property, the sale is void even if she inherited the property prior to the Eirusin. The Rashba says that Raboseinu agree that if she sells the property while she is still an Arusah, it is a valid sale, since she inherited it prior to the Eirusin. Only when she is already a Nesu'ah do they maintain that the sale is void.
SELLING THE NICHSEI MELUG
If a wife sells her Nichsei Melug after her marriage, the husband may take the produce of the property from the buyers during the lifetime of his wife, even though the property was inherited by the wife prior to the Eirusin. However, he may not take back the actual piece of Karka until after the death of his wife. (Shulchan Aruch EH 90:9)
The husband takes the produce from the Karka that was sold by his wife, and he is also entitled to all other usages of the Karka. The husband also has the right to restrain the buyer from digging wells in the Karka, since the Karka is given to him after the death of his wife. If so, what use does the buyer have in the Karka? The answer is that it is regarded as his Karka with regard to a Pruzbul which may be written only if the borrower has Karka. (Chelkas Mechokek)
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