Chapter VIII
CHAPTER VIII.
§. 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.