Thursday, September 22, 2022

When can a woman sell her nikhsay makug (נִכְסֵי מְלוֹג)? TB Ketubot 78

With daf TB Ketubot 78 we begin the eighth chapter of our massekhet. The Talmud delineates two types of property a woman brings into a marriage. The first kind of property is nikhsaay tzon barzel (נִכְסֵי צֹאן בַּרְזֶל). These are “assets that she brings into the marriage by way of a dowry. Their being set in stone, so to speak, refers to the fact that her husband may use as much of them as he wants, but that he will always be liable to replace anything that he uses, and the assets in full will revert into her possession with his death, or with his giving her a divorce.” (https:// https://judaism.stackexchange.com/questions/57470/whats-the-difference-between-%D7%A0%D7%9B%D7%A1%D7%99-%D7%A6%D7%90%D7%9F-%D7%91%D7%A8%D7%96%D7%9C-and-%D7%A0%D7%9B%D7%A1%D7%99-%D7%9E%D7%9C%D7%95%D7%92)

 The second kind of property is nikhsay makug (נִכְסֵי מְלוֹג). These are “assets that a woman brings into the marriage, or which falls to her as either an inheritance or as a gift after she has married, but which are not included in the value of the ketubah. The word melog comes from the Aramaic מליגה, which means "plucking": her husband has rights to these assets, but may not use them up entirely. He also, therefore, need not replace anything that he uses.” (https://judaism.stackexchange.com/questions/57470/whats-the-difference-between-%D7%A0%D7%9B%D7%A1%D7%99-%D7%A6%D7%90%D7%9F-%D7%91%D7%A8%D7%96%D7%9C-and-%D7%A0%D7%9B%D7%A1%D7%99-%D7%9E%D7%9C%D7%95%D7%92)

The eighth chapter primarily discusses issues revolving around nikhsay makug (נִכְסֵי מְלוֹג). The opening Mishnah discusses when the woman acquired the nikhsay makug (נִכְסֵי מְלוֹג) and when she wishes to sell them. The Mishnah presents for scenarios.

“(1) With regard to a woman to whom property was bequeathed before she was betrothed, and she was then betrothed, Beit Shammai and Beit Hillel agree that she may sell or give the property as a gift, and the transaction is valid.

(2) However, if the property was bequeathed to her after she was betrothed, Beit Shammai say: She may sell it as long as she is betrothed, and Beit Hillel say: She may not sell it. Both these, Beit Shammai, and those, Beit Hillel, agree that if she sold it or gave it away as a gift, the transaction is valid.

(3) If the property was bequeathed to her after she was married, both these, Beit Shammai, and those, Beit Hillel, agree that if she sold the property or gave it away, the husband may repossess it from the purchasers.

(4) If she inherited the property before she was married and then was married, Rabban Gamliel says: If she sold or gave the property away, the transaction is valid." (Sefaria.org translation)

The Gemara presents a different opinion of Rabban Gamliel in a baraita that contradicts the statement in the Mishna. Even after marriage “Rabban Gamliel said to them: Even this one may sell the property and gives it away, and her action is valid.” (Sefaria.org translation) Rashi harmonizes the Mishna with the baraita by emending the Mishnah while Tosefot emends the baraita. The Gemara provides a third solution that different amoraim had different traditions of what Rabban Gamliel actually said.

This whole sugiyah ends with the sages definitively deciding the halakha. “Our Rabbis returned and voted after discussing this issue and decided that whether property was bequeathed to her before she was betrothed, or whether property was bequeathed to her after she was betrothed and she was subsequently married, the husband may repossess it from the purchasers.” (Sefaria.org translation)

 

 

 

 

 

 

 

 

 

 

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