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1) CHAZAKAH IN A WIFE'S PROPERTY

(a) (Rav): One cannot make a Chazakah in the property of a married woman!
(b) (Judges of Chutz la'Aretz): He can make a Chazakah.
(c) (Rav): The Halachah follows the judges of Chutz la'Aretz.
(d) Rav Kahana and Rav Asi (to Rav): Did you retract?
(e) Rav: No - presumably, they speak in the case of Rav Yosef.

(a) (Mishnah): A woman cannot make a Chazakah in her husband's property...
(b) Objection: This is obvious! Since he must feed her, that is why he allowed her to use the field!
(c) Answer: The case is, he designated another field from which she will be fed.
(d) Inference: She does not get a Chazakah in his property, but if she can prove that he sold it to her, she gets it!
(e) Question: Why can't he say, I only pretended to sell it in order to get her to show the money she took from me (and I took back my money)!

1. Suggestion: This teaches that one who sells to his wife, she acquires, he cannot say that he only pretended to sell it in order to get her to show the money she took from him!

(f) Answer: No, perhaps she gets his property only if she can prove that he gave it to her (then, he cannot say that he only intended to get her to show money).
(g) (Rav Nachman): One who sells to his wife, she acquires, he cannot say that he only intended to get her to show the money she took from him.
(h) Objection (Rav Huna): This is obvious! She acquires through the document of sale, even without the money (and he cannot say that wrote the document in order to get her to show the money)!

1. (Mishnah): Land is acquired through money, a document or Chazakah.

(i) Answer: Shmuel taught, a document works by itself regarding a gift, but a sale is not final until the money is given;
(j) Question: But this law was challenged!

1. Question (Rav Hamnuna - Beraisa): A document to acquire land: he writes on paper or pottery, even if it is not the value of a Perutah, 'My field is sold or given to you' - the field is sold or given (even without the money)!

(k) Answer: Rav Hamnuna himself answered that!

1. Answer #1 (Rav Hamnuna): The Beraisa discusses a field sold on account of its low quality. (Standard fields are not acquired until the money is given; Rav Nachman's law is needed.)
2. Answer #2 (Rav Ashi): The document says 'sold and given' - the original owner wanted to give it like a gift; he also wrote a language of sale to accept Acharayos (to compensate the receiver if the land will be taken).

(l) Question (Beraisa): Reuven borrowed from his slave and freed him, or borrowed from his wife and divorced her - the freed slave or ex-wife has no claim against him.

1. Question: What is the reason?
2. Answer: He can say, I only pretended to borrow in order to get him/her to show the money he/she took from me!

(m) Answer: Indeed, we say this regarding a loan, for people are very reluctant to borrow (so it is unlikely that he truly borrowed) - "Eved Loveh l'Ish Malveh";

1. (Regarding a sale, we assume that the sale is valid.)

(n) (Rav Huna bar Avin): One who sells a field to his wife, she acquires; the husband eats the produce.

(o) (R. Aba, R. Avahu and the greatest Chachamim of the generation): He really gave it like a gift (therefore, she eats the produce); he wrote a language of sale to accept Acharayos (to compensate the receiver if the land will be taken).
(p) Question (Beraisa): Reuven borrowed from his slave and freed him, or borrowed from his wife and divorced her - the freed slave or ex-wife has no claim against him.

1. Question: What is the reason?
2. Answer: He can say, I only intended to get him/her to show the money he/she took from me!

(q) Answer: We only say this regarding a loan - "Eved Loveh..." (but we assume that a sale is valid).

(a) (Rav): If one sells a field to his wife, the sale is valid; the husband eats the field's produce (as is true of all her fields);

1. If he gave her a gift, the gift is valid and she eats the produce (i.e. this is an exception to the general rule that the husband eats the produce of his wife's fields);

(b) (R. Elazar): In both cases (sale or gift), she acquires and she eats the produce.
(c) A case occurred, and Rav Chisda ruled like R. Elazar.
(d) Ravna Ukva and Ravna Nechemyah: Why did you rule like the smaller Chacham against the greater (Rav, R. Elazar's Rebbi)?
(e) Rav Chisda: R. Yochanan agrees with R. Elazar, he is as great as Rav.

1. (Ravin citing R. Yochanan): In both cases, she acquires and she eats the produce.

(f) (Rava): The Halachah is: one who sells a field to his wife, she does not acquire; the husband eats the produce;

1. If he gave her a gift, she acquires and she eats the produce;

(g) Question: Saying that he eats the produce (in the case of a sale) implies that she acquires, but Rava said that she does not acquire!
(h) Answer: If he had not seen her money, (he only pretended to sell in order to get her to show the money she took from him) she does not acquire;

1. If he had seen her money, she acquires, but he eats the produce (like Rav).
2. (Rav Yehudah): If he had not seen her money, she does not acquire; if he had seen her money, she acquires.