Kesubos - Daf 95
- מי שהיה נשוי שתי נשים ומכר את שדהו וכתבה ראשונה ללוקח דין ודברים אין לי עמך
The next Mishnah states: מי שהיה נשוי שתי נשים ומכר את שדהו – If one was married to two wives and he sold his field, וכתבה ראשונה ללוקח דין ודברים אין לי עמך – and the first wife he married wrote to the buyer, “I have neither claim nor arguments against you over the field,” when he dies, the second wife may take the field from the buyer, and the first wife may take it from the second, and then the buyer may take it from the first, וחוזרות חלילה עד שיעשו פשרה ביניהם – and they go around in circles until they reach a compromise among themselves. When the Gemara points out that the statement alone of דין ודברים אין לי עמך does not have the power to enable the wife to relinquish her rights, as was taught on Daf 83a, it says that the case is בשקנו מידה – where the buyer performed a kinyan with the first wife. When the Gemara objects, saying that even a kinyan may not work since she could say, נחת רוח עשיתי לבעלי – “I did this to please my husband,” which would nullify her waiver of the lien, which was learned in a Mishnah in Gittin, Rav Zeira answered in the name of Rav that our Mishnah is going according to Rebbe Meir, who says that in a case where a husband sold a field and his wife did not sign the agreement, and then he sold a second field and she did sign, she has lost her kesubah if there are no other fields to collect from, since she consented to the sale of the second field. The Mishnah in Gittin is going according to Rebbe Yehudah who holds that a wife can say she consented to please her husband. The Gemara brings other resolutions.
- When bnei chorin property became ruined after property with a shibud was sold
It was taught in a Mishnah: אין נפרעין מנכסים משעובדים במקום שיש נכסים בני חורין ואפילו הן זיבורית – Creditors cannot collect from encumbered property that has been sold where there are “free,” meaning unsold properties to collect from, even if the properties are inferior. The question was asked: אישתדוף בני חרי מהו לטרוף ממשעבדי – If the free properties became ruined after the other property had been sold, what is the halachah with respect to the baal chov collecting from the encumbered properties that had been sold? Rav Yeimar said to Rav Ashi: והא מעשים בכל יום – But this is an everyday occurrence that the baal chov is permitted to collect, for there was a certain person who borrowed money and pledged a vineyard to the lender for ten years, meaning the lender could take the produce for ten years as payment, וקש לחמש שנין – but the vineyard aged after five years, no longer producing grapes. The lender wanted to collect property which had been sold to compensate for the remaining five years, and the judges ruled in his favor. The Gemara rejects this proof, for the buyers of the shibud property caused their own loss since they knew a vineyard is subject to aging. The Gemara rules that if free property becomes ruined the creditor can collect from property that had a shibud that was sold.
- “My property shall go to you, and after you to Ploni,” and she then gets married
Abaye said: If someone says to a woman: נכסי ליך ואחריך לפלוני – My property shall go to you, and after you, (meaning, after your death) to Ploni,” ועמדה וניסת – and she then gets married, בעל לוקח הוי – her husband is considered the buyer of the property, and Ploni has nothing in the face of the husband’s “purchase” of the property. This is based on the takanah made in Usha (Daf 78b) that the wife’s melog property that she sold, can be taken by the husband after her death. The husband is considered the “first buyer” of her property, and this status goes into effect at the time of death, retroactively to the time of their marriage. Since the husband “purchased” the property before she died, there is nothing of the gift left in her possession at the time of her death to be passed on to Ploni.
