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1) A DOCUMENT TO DEFLECT PROPERTY

(a) The document came in front of Rav Nachman; he tore it up.

1. Rav Anan came before Mar Ukva. 'See - Nachman the farmer tears up people's documents!'
2. Mar Ukva: 'Tell me the whole story.' Rav Anan told him.
3. Mar Ukva: You speak of a document to deflect! Shmuel said that he would tear up such a document.

(b) Question (Rava): Why did you tear it up? Because a person would not abandon himself and give his money to others? That applies to others - but a person does give to his daughter!
(c) Answer (Rav Nachman): Even so, a person takes precedence over his daughter.
(d) Question (Beraisa - R. Shimon Ben Gamliel): One who wants to deflect property from her husband, writes a document of appeasement to others;
(e) Chachamim say, the recipient can keep the property and laugh at her, unless she wrote 'From today until when I want'.

1. If this is not written, the document is valid!

(f) Answer (R. Zeira): If the document gives all her property, it is invalid, even if this was not written; if it gives part of her property, this clause must be written.
(g) Question: If the receiver does not get the property, the husband should get it!
(h) Answer (Abaye): It is considered as property unknown to the husband; this is as R. Shimon.

(a) (Mishnah): If a wife inherited money, the husband buys land with it and eats the fruits; the same applies if she inherited fruit detached from the ground;
(b) If she inherited fruit attached to the ground - R. Meir says, we evaluate how much the fruit adds to the value of the land; with this amount, the husband buys land and eats the fruits; Chachamim say, attached fruit is his, detached fruit is hers, and he buys land with it and eats the fruits;
(c) R. Shimon says, where the husband is more privileged at the start of the marriage, he is less privileged at the end of the marriage; where he is less privileged at the start, he is more privileged at the end;

1. Attached fruit, at the start of the marriage, he gets it; at the end of the marriage, she gets it; detached fruit, at the start it is hers, at the end, it is his.

(d) (Gemara): Clearly, it is better to invest the money in land than in houses; in houses, rather than date trees; in date trees, rather than other trees; in other trees, rather than vines.
(e) A forest of trees (that do not bear considerable fruit, but are cut for lumber) and a pond of fish - some say that these are considered as fruit (and the wood and fish belong to the husband); others say, they are as principle (and the husband buys land with them and eats the fruits, but the land is his wife's).

1. The rule is - things which grow back are fruit; things which do not grow back are principle.

(f) (R. Zeira): A thief (convicted of stealing pays twice the value of what he stole. If he) stole the child of a Melug animal - the extra payment goes to the wife.
(g) Question: This is neither as Chachamim nor as Chananyah!

1. (Beraisa): The child of a Melug animal belongs to the husband; the child of a Melug slave belongs to the wife;
2. Chananyah Ben Achi Yoshiyah says, Chazal made the child of a Melug slave as the child of a Melug animal.

(h) Answer: R. Zeira's law can be according to both opinions.

1. It was only enacted that the husband eat fruits (of principle); but not fruits of fruits (such as the extra payment for the child of the Melug animal).

(i) We understand Chananyah - he is not concerned for death (of the mother animal or slave, so the children are as fruits that grow back).
(j) Question: According to Chachamim - if they are concerned for death, even the child of an animal should be considered principle; if they are not concerned for death, even the child of a slave should be considered fruit!
(k) Answer: Really, they are concerned for death; however, an animal, even if it dies, there is still the hide - the principle is not entirely consumed.
(l) (Rav Huna): The law is as Chananyah.
(m) (Rava): Chananyah admits, if she is divorced, she may pay the value of the children slaves and keep them, because this is the honor of her father's house.
(n) (Rava): If she brought in a goat for milk, a sheep for shearings, a hen for eggs, a date tree for fruit, the husband consumes these until the principle is finished.
(o) (Rav Nachman): If she brought in a cloak, he may wear it until it wears out, since this is considered as fruit.

1. This is as Chachamim in the following Beraisa.
2. (Beraisa): Salt and sand are considered fruit; R. Meir says, a reserve of sulphur or alum is considered principle; Chachamim say, as fruit.

(p) (Mishnah): R. Shimon says, where the husband is more privileged ...
(q) Question: The previous Tana (Chachamim) also says this!
(r) Answer (Rava): They argue by attached fruit when she leaves (Chachamim say, it is his; R. Shimon says, it is hers).

(a) (Mishnah): If she inherited old slaves, they are sold, he buys land with the money and eats the fruits;
(b) R. Shimon Ben Gamliel says, they are not sold because they are the honor of her father's house.
(c) If she inherited old olive trees and vines, they are sold, he buys land with the money and eats the fruits;
(d) R. Yehudah says, they are not sold because they are the honor of her father's house.
(e) (Gemara - Rav Kahana): They argue when the trees are in her field; but if they are in another person's field, all agree that they are sold, because the principle will be consumed.
(f) Objection (Rav Yosef): But slaves are like trees in another's field (if they die, there is no remnant), and Tana'im argue in our Mishnah!
(g) Correction (Rav Kahana): They argue when the trees are in another's field; but if they are in her field, all agree that they are not sold, because of the honor of her father's house.

(a) (Mishnah): A husband that spent money to upkeep his wife's property - whether he spent much and ate little, or spent a little and ate much, no compensation is made;
(b) If he spent and did not eat, he swears how much he spent and receives this.
(c) (Gemara) Question: How much is considered (eating) a little?
(d) Answer #1 (R. Asi): Even 1 dried fig, if eaten honorably.