Kesubos - Daf 80
- הוציא ולא אכל ישבע כמה הוציא ויטול – המוציא הוצאות על נכסי אשתו
The Mishnah on the bottom of Daf 79b stated: המוציא הוצאות על נכסי אשתו – If one spent money on his wife’s melog property, and then divorced her, …הוציא ולא אכל - if he only spent but did not consume, ישבע כמה הוציא ויטול – let him swear how much he spent and receive the compensation. On this Daf, referring to his swearing how much he spent, Rebbe Assi said: והוא שיש שבח כנגד הוצאה – And this isWhen so only when the value of the improvement is against the expenses. Only then does the husband take an oath and receive compensation. Abaye said Rebbe Assi’s statement teaches, that if the value of the improvement was greater than the expenses, he takes compensation for the expenses without swearing an oath. Rava said to Abaye, that if this so, אתי לאיערומי – the husband will come to act deceitfully by saying he spent more than he did, and not have to take an oath, as long as the number is a little less than the value of the improvement. Rather, Rebbe Assi is coming to teach that if the expenses were greater than the value of the improvement, אין לו אלא הוצאה שיעור שבח ובשבועה – he only receives compensation for his expenses in the amount of the improvement, and only with an oath.
- בעל שמכר קרקע לפירות מהו
It was asked: בעל שמכר קרקע לפירות מהו – What is the halachah if the husband sold his wife’s melog land for its produce, meaning, he sold his rights to the produce? Do we say מאי דקני אקני – that whatever one has acquired he can sell, or do we say, why did the Rabbanon make a takanah that the produce of the melog field is for the husband? משום רווח ביתא – it was so that the household will profit, and the husband will be generous to his wife. But they did not grant him the ability to sell his rights to the produce. Yehudah Mar bar Meriemar said in the name of Rav: מה שעשה עשוי – What the husband has done, he has done. Rav Pappa said in name of Rava: לא עשה ולא כלום – The husband has not accomplished anything. After Rav Pappa demonstrates that Yehudah Mar bar Mereimar’s quote of Rav was wrong, and the Gemara says the halachah is that the husband has not accomplished anything, the Gemara asks what is the reason for his ruling? Abaye said: חיישינן שמא תכסיף – We are concerned that the field will be allowed to deteriorate. Rashi explains that the buyer might not invest in it for he is fearful that it will be taken away in the event the marriage ends. He might only plant without fertilizing it. Rava said: משום רווח ביתא – so that the household will profit, and the husband will be generous. The Gemara brings three nafka minahs between the two reasons.
- שומרת יבם שנפלו לה נכסים
The next Mishnah states: שומרת יבם שנפלו לה נכסים – If a shomeres yavam inherited property from her father, both Beis Shammai and Beis Hillel agree שמוכרת ונותנת וקיים – that she may sell it or give it away, and the transfer stands. מתה – If she dies before yibum is done, what is done with her kesubah ובנכסים הנכנסים ויוצאין עמה – and with the properties that enter and leave with her, referring to נכסי מלוג – property which the husband has the right to use during the marriage and keep whatever crops or income it produces? Beis Shammai say: יחלוקו יורשי הבעל עם יורשי האב – The husband’s heirs divide them with the father’s heirs, but Beis Hillel say: נכסים בחזקתן – The property stays with the one who possesses them. Meaning, the kesubah stays in the possession of the husband’s heirs and the נכסי מלוג stay in the possession of the father’s heirs. כנסה כאשתו לכל דבר– If the yavam married the yevamah, she is like his wife in all matters, בלבד שתהא כתובתה על נכסי בעלה הראשון – except that the chiyuv to pay the kesubah rests upon the first husband’s estate.
