Yevamos Chart #12
Chart for Yevamos Daf 38b
THE PROPERTY OF THE WIFE (NICHSEI MILUG):
WHO CONTROLS THE "GUF" (3) AND THE "PEROS"
(according to the explanation of Rabah)
| (A) BEIS SHAMAI |
(B) BEIS HILLEL |
||
| IN HER LIFETIME | |||
| 1 | SHE INHERITED THE PROPERTY AS AN ARUSAH (1) |
She is permitted to sell the property |
She is not permitted to sell the property. If she did, the sale is valid (2) |
| 2 | SHE INHERITED THE PROPERTY AS A NESU'AH |
She is not permitted to sell the property. (3) If she did, it may be seized from the buyers. |
She is not permitted to sell the property. (3) If she did, it may be seized from the buyers. |
| 3 | SHE INHERITED THE PROPERTY AS A YEVAMAH |
She is permitted to sell the property (4) |
She is permitted to sell the property (4) |
| AFTER HER DEATH | |||
| 4 | SHE INHERITED THE PROPERTY AS A YEVAMAH AND THEN SHE DIED |
It is divided (5) | It goes to her father (5) |
| 5 | THE KESUVAH OF THE YEVAMAH |
It goes to the Yavam (6) | It goes to the Yavam (6) |
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FOOTNOTES:
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(1) This applies only while she is an Arusah. Once she becomes a Nesu'ah, everyone agrees that she is not permitted to sell the property l'Chatchilah even though she inherited it as an Arusah (Mishnah, Kesuvos 78a).
(2) The reason for this is that during Erusin, the husband has the rights to her property (that is, to the Peros -- and after the Takanah of Usha, even to the Guf; see footnote #3), because it is assumed that an Arusah will eventually become a Nesu'ah (TOSFOS there; see Insights here)..
(3) If the Mishnah is discussing even when the woman tries to sell the Guf, for afr her death, then it is was written after the Takanah of Usha. If the Mishnah was written prior to the Takanah of Usha, then it is only discussing a situation where she tries to sell the Peros, for right now (Kesuvos 78b).
(4) According to Rabah, this refers to when the property came to her while she was a Nesu'ah, and Zikah from Nesu'in makes a status of Safek Nesu'ah. Since she her Chazakah on the Guf of the property is beyond doubt, both the Guf and Peros belong to her (because "Ein Safek Motzi Midei Vadai"), and she may sell them l'Chatchilah (see Insights).
(5) Since she died, even the ownership of the Guf is in doubt (because her Yevamah might have inherited her), and therefore Beis Shamai says that it is divided. According to Beis Hillel, the Chazakah that it belongs in her family decides the doubt, since there is a Chazakah that her family has owned it until now. (When in doubt, property is given to the person who owned it until now -- "Chezkas Mari Kama").
(6) There is a Chazakah that the Kesuvah has been in the hands of the original husband, and therefore the Yavam (his brother), rather than the Yevamah's family, inherits it in a case of doubt.