REVACH L'DAF
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SUMMARY
If the wife who married first released the buyer from his Shibud for her Kesuvah, the second wife takes the property instead, and the first wife takes the property from her. (1)
The buyer may then take the property from the first wife, and the property will continue changing hands until they make a compromise between them.
If one tells his friend, "I will not have any Din u'Devarim on a particular field," his words are meaningless. (2)
If one buys from the husband a field that was set aside for the Kesuvah, the purchase is void even if the wife subsequently agreed to the purchase. (3)
Rebbi Meir: If the wife refused to sign for a buyer of a field that was set aside for the Kesuvah and she subsequently signed for a second buyer to buy a second field, she loses her Kesuvah. (4)
Rebbi Yehudah: Even though the woman signed for the purchase, she may say that she agreed to the purchase only in order to please her husband.
If a divorcee signed for the purchase of a field that was set aside for the Kesuvah, the purchase is valid.
Rav Papa: Even according to Rebbi Meir, if there was only one buyer the wife may say that she agreed to the purchase only in order to please her husband.
A person may not collect from Meshubadim when there is Bnei Chorin available, even if the Bnei Chorin is Ziboris.
If a borrower sells land to two people and the lender releases the second buyer from his Shibud, he may not collect from the first buyer. (5)
If a person was given a vineyard as a Mashkon for a period of ten years and it aged after five years, he may collect the remaining debt from the Lekuchos.
Abaye: If a field is given to a single woman on condition that it is given to a second party after her, the second party may not take it from the husband. (6)
Abaye: A person who advises someone to sell a field that was given to him on condition that it goes to a second party after him is considered a Rasha.
Abaye: If a field is given to a married woman on condition that it is given to a second party after her, if she sells the field the husband may take the field, but the second party may then take it from him. (6)
After the husband takes the field from the buyer, the second party may take the field from the husband. Subsequently, the buyer may take the field from the second party. (7)
A widow is supported by the orphans, and she must give them her handiwork.
The heirs of the Kesuvah of the widow must pay for her burial expenses.
The people of Galil gave the widow a right to Mezonos from the orphans even after she collected her Kesuvah.
The people of Yehudah gave the widow a right to Mezonos from the orphans only until she collected her Kesuvah.
A BIT MORE
1. The wife who married first has the right to collect first from any property that was sold by the husband. Since the first wife released the buyer from the Shibud, the second wife collects instead. However, the first wife may take the property from the second wife, since her Kesuvah is dated first, and the only reason why she did not collect is that she released the buyer from his Shibud.
2. If he makes a Kinyan on the Din u'Devarim, it is effective and he loses his right to the property.
3. The purchase is void because the wife may say, "I agreed to the purchase only in order to please my husband."
4. According to Rebbi Meir, if the wife signs for a purchase of one of the fields that was set aside for the Kesuvah, the purchase is valid and she may not claim that she agreed to the purchase only in order to please her husband. Therefore, if there are no Bnei Chorin from which to collect, she may not collect her Kesuvah at all. The first buyer may prevent her from taking his property by saying, "I left you the property that is in the hands of the second buyer, and that is the property from which you must collect, because that was the last property that was Bnei Chorin." However, since she signed for the purchase of the second property, she may not collect from that property either.
5. The first buyer may say, "I left you the property that is in the hands of the second buyer, and that is the property from which you must collect, because that was the last property that was Bnei Chorin."
6. Abaye rules like Raban Shimon ben Gamliel who says that if a field is given to one person on condition that it is given to a second party after him, and the first party sells the field, the second party may not collect the field from the buyer. When the husband inherits the field from his wife, he is regarded as a buyer, and therefore he has the rights to the field over the second party. However, Rebbi argues and rules that the second party may collect the field from the buyer.
7. Even though, according to Raban Shimon ben Gamliel, the second party may not take the field from the husband if the field was given to her while she was still single, in this case it was given to her after she was already married, and thus it is as if the giver of the field said that the field should go the second party and not to the husband.
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BRIEF INSIGHT
A FIELD THAT IS COLLATERAL FOR THE KESUVAH
If a person buys from the husband a field that was set aside for the Kesuvah, the purchase is void even if the wife subsequently agreed to the purchase. This is because the wife may say, "I agreed to the purchase only in order to please my husband." The Hagahos Ashri says that the sale is void only if the wife signed on the Shtar Mechirah of her husband. If, however, the wife wrote a separate Shtar Mechirah for the buyer, the sale is valid. The Ri says that even if the wife did not write a separate Shtar Mechirah, the sale is valid if the wife wrote on the husband's Shtar that she is selling the field to the buyer. The sale is void only if the wife wrote that she is Mochel the Shibud, but she did not write that she is selling the field.
QUICK HALACHAH
COLLECTING FROM MESHUBADIM
If the Lekuchos left property in the hands of the borrower and that property became ruined, the Ba'al Chov may collect his Chov from the Lekuchos. However, this applies only if the property was ruined; if the Ba'al Chov cannot collect from the Bnei Chorin because he released the borrower from the Shibud on that property and committed, with a Kinyan, not to collect from it, he may not collect from the Lekuchos. They may say, "We left you property from which to collect." If the Bnei Chorin were not ruined but stolen, the Ba'al Chov may not collect from the Lekuchos because it is likely that eventually the property will be returned to the borrower. However, if the borrower became a Mumar and it is impossible to collect in a Nochri court, it is the same as the property being ruined, and thus he may collect from the Lekuchos. (Shulchan Aruch CM 111:12-13)
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