REVACH L'DAF
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| BAVA BASRA 49 (Tisha b'Av) - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel, as he was known, loved Torah and worked to support it literally with his last ounce of strength. He passed away on 10 Av 5740. |
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SUMMARY
1. The Gemara asks why the Mishnah needs to say that a husband may not make a Chazakah on his wife's property.
2. The Gemara explains the Mishnah's statement that a husband is not permitted to make a Chazakah on his wife's property.
3. A person has the right to wave his rights to anything he receives due to a Rabbinic decree.
4. Similarly, a woman is entitled to tell her husband that he does not have to support her with food, and she will keep her earnings.
5. The Gemara discusses the case of a man who bought a field that was collateralized to the seller's wife's Kesuvah.
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A BIT MORE
1. Since the husband is allowed to be in the field because he is entitled to eat the fruit of the field, why would we think he may make a Chazakah? His wife has an obvious reason why she did not protest for the many years that he was there!
2. The Gemara explains that this teaching is needed for a case where the husband signed a prenuptial agreement that he would have nothing to do with any of her possessions. Accordingly, the Mishnah is teaching that even though one might think that such a husband could make a Chazakah -- as he has no other reason to be there if his wife did not sell it to him -- he still may not make a Chazakah, as it is normal for even such a wife not to care if her husband uses her field.
3. This is because many Rabbinic enactments of this nature (where a person is granted a certain benefit) were made to benefit a person. If the person proclaims, before receiving the benefit, that he does not want it, he indeed does not receive it.
4. The Rabbinic enactment that a husband must give his wife food in exchange for her earnings is in order to ensure that the wife will always have food. Accordingly, if she does not wish to take advantage of this enactment, she may decline it.
5. Even if the buyer bought it also from the wife after he bought it from her husband, that sale does not remove the lien on the field. This is because the wife may claim that she sold the field after the husband sold it only to avoid marital discord (but she did not really consent to sell it).
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Index to Revach for Maseches Bava Basra
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