Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com
Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com
§. 1. [Of] a woman to whom property fell [by inheritance or gift] before she was betrothed, Beth Shammai and Beth Hillel agree, "That after she is betrothed, whether she sell [the property], or give [it] away, it is valid." If it falls to her after she is betrothed, Beth Shammai hold "That she [has a right to] sell;" but Beth Hillel hold "She must not sell." Both however agree, "That if she has sold, or given [it] away, [her deed] is valid." R. Jehudah related, "They [litigants] pleaded before R. Gamaliel, 'As the man acquires the wife[’s person], can it be [right or reasonable] that he should not also acquire her property?' 1 but R. Gamaliel replied, 'We feel ashamed at the [rights conceded to the husband on her] new [property which falls to her after marriage], and ye wish to impose on us [the task of conceding similar rights on] her old [property, which fell to her after betrothment].'" Should the property fall to her after marriage. both [Beth Shammai and Beth Hillel] agree, "That whether she sell or give [it] away, the husband recovers it from the holders." [Should
the property have fallen to her] before she was married, R. Gamaliel saith, "Whether after her marriage she sell [the property], or give [it] away, [her deed] is valid." R. Hananiah ben Akivah related, "They pleaded before Rabbon Gamaliel, 'As the man acquires the wife ['s person], can it be [right or reasonable] that he should not also acquire her property?' 2 But Rabbon Gamaliel replied, 'We feel ashamed at the [rights conceded to the husband on her] new [property which falls to her after marriage], and ye wish to impose on us [the task of granting similar rights on] her old [property which fell to her before marriage].'"
§ 2. R. Simeon distinguishes 3 between property and property. Such property as is known to the husband 4 she must not sell, and whether she sold or gave [it away], it is void. Such property as is not known to the husband, 5 she must not sell; but if she has sold or given [it away], it is valid.
§ 3. Should ready money fall to her [as inheritance], land is to be purchased therewith, of which he [the husband] enjoys the usufruct; should fruit that has been reaped [gathered from the ground] fall to her, land is to be bought [with the proceeds] thereof, of which he [the husband] enjoys the usufruct. [As to] fruit growing on the ground, R. Meir saith, "They appraise the field, how much it is worth with the growing fruit, and how much without [it], and for the difference land is to be bought, of which he [the husband] enjoys the usufruct." But the sages decide, "That the fruit growing on the ground belong to him [the husband], but that fruit reaped [gathered from the ground] belong to her [the wife], that land must be bought therewith, of which he enjoys the usufruct."
§ 4. R. Simeon saith, "In cases where he [the husband] has the advantage when he marries her, he is at a disadvantage if he divorces her; and in cases where he is at a disadvantage when he marries her, he has the advantage if he divorces her. Fruit growing on the ground belong to him at the marriage, but at the [time of] divorce belong to her. Whereas fruit reaped [gathered from the ground]
belong to her at the marriage, but at the [time of] divorce they belong to him."
§ 5. Should aged bondmen or bondwomen fall to her [by inheritance], they are to be sold to purchase land [with the produce of the sale], of which he [the husband] enjoys the usufruct. But R. Simeon ben Gamaliel saith, "She can forbid the sale, because they [aged servitors] are an ornament to her father's house. Should old olive-trees and vines fall to her, they are to be sold to purchase land, of which he [the husband] enjoys the usufruct." R. Jehudah saith, "She can forbid the sale, because they [old trees] are an ornament to her father's house. Should a man incur an expense on his wife's property, whether he has expended much, and reaped but little [benefit], or has expended little and reaped much [benefit], what he has expended he has expended, and what he has reaped he has reaped. 6 Should he have incurred expense, and reaped no benefit whatever, he must make oath to the amount of his expenditure, and [then] recovers it out of the property."
§ 6 [In the case of] a woman who expects [to be married by] Yeboom, and to whom property falls, Beth Shammai and Beth Hillel both agree, "That whether she sell, or give [it away, her deed] is valid." Should she die, how are they to dispose of her Ketubah, and of the property which comes and goes with her? 7 Beth Shammai hold, "The heirs of the husband share [divide equally] with the heirs of the father;" but Beth Hillel hold, "That the property reverts according to the original title. 8 Her Ketubah of right reverts to the heirs of the husband, and the property which comes and goes with her, of right reverts to the heirs of the father." 9
§ 7. If his [the Yabam's deceased] brother left ready money, land must be bought therewith, of which he enjoys the usufruct. [If the deceased left] fruit, reaped [gathered off the ground], land must be bought therewith, of which he [the Yabam] enjoys the usufruct. [Respecting] fruit growing on the ground, R. Meir saith, "They
appraise the field, how much it is worth with the growing fruit, and how much without [it], and for the difference land must be bought, of which he [the Yabam] enjoys the usufruct." But the sages decide, "That fruit growing on the ground belong to him, while that which has been reaped [gathered off the ground] belong to whoever [he or she] first obtains possession thereof. If he [the Yabam] first takes possession thereof, they belong to him; if she [the widow] first takes possession thereof, they belong to her; but [in that case] land must be bought therewith, of which he enjoys the usufruct. After he has espoused her, she is his wife to all intents, 10 saving always that she has a lien [for the amount of] her Ketubah on the property of her first husband."
§ 8. He cannot say to her, "There is [the amount of] thy Ketubah lying on the table;" 11 but the whole of his property remains liable for her Ketubah. [Another version has, "Moreover a man cannot say to his wife, 'There is [the amount of] thy Ketubah lying on the table,' but the whole of his property remains liable for her Ketubah"]. Should he divorce her, she has no [claim] beyond her Ketubah. If he takes her back, she is like all [married] women, and has no [claim] beyond her Ketubah only.
261:1 As by the act of betrothing, and also by the marriage-rite, the husband acquires an absolute and exclusive right to possess and enjoy the wife's person, it follows that by the same act he acquires an equal right to her property, which in fact is but an appendage to her person.
262:3 Establishes a different rule of proceeding in differing cases.
262:4 Real property to which, he knows before marriage, that she must succeed, and which knowledge may have influenced him in forming the alliance.
262:5 Property which, before marriage, he did not know she would inherit, and the expectation of which cannot have influenced him in forming the matrimonial alliance.
263:6 Both the expenditure and the benefit are for his own account and risk, and he has no claim upon the property for the surplus of expenditure over the benefit enjoyed, any more than he is liable to any reclamation for the surplus of the benefits enjoyed over his expenditure.
263:7 Her personal estate [whether landed or otherwise] which she brought her husband, and which reverts to her in case of divorce, or at his death.
263:8 and 9. בחזקתן, its inherent force, the source whence it originally was derived. The Ketubah reverts to the husband who settled it on her; the personal estate to the father, from whom, or whose relatives, it devolved to her.
263:9 See previous note.
264:10 And all her rights merge in him.
264:11 By means of such tender to get rid of the liability.