Kesubos 83a

כתובות פ״ג ע״א

Ketubot 83a

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Topic

A husband waiving his rights to his wife's property, and how such a waiver can work: אירוסין versus נישואין, and adding a קנין

Overview

The משנה teaches three levels of a husband giving up his rights to his wife's property. If he waives only 'your property,' he still eats the produce and inherits her, but her sales and gifts are binding. If he adds 'and its produce,' he loses the produce but still inherits her; רבי יהודה says he keeps the 'produce of the produce' unless he waives that too, forever. If he adds 'in your lifetime and after your death,' the תנא קמא says he does not inherit her, while רבן שמעון בן גמליאל says he still inherits, because a condition against what the תורה says is void. The גמרא brings רבי חייא's version, 'one who says,' and then asks how such a waiver can work at all, since a ברייתא says that announcing 'I have no claim on this field' accomplishes nothing. The school of רבי ינאי answers that the husband wrote it while she was an ארוסה, before his rights began, relying on רב כהנא and on רבא's rule that one may refuse a תקנת חכמים, like a wife refusing support and keeping her earnings. When asked why a married husband cannot do the same, אביי says his rights equal hers and רבא says they are stronger, which matters for a שומרת יבם. Finally רב יוסף and רב נחמן argue whether a קנין on such a waiver transfers only the promise or the land itself, and אביי begins to side with רב יוסף, with his reason coming on the next amud.

Opening lines

The steps (21)

1. StatementGiving up rights in her property alone changes little
2. QuestionSo what was the point of writing it?
3. ResponseThe waiver makes her sales and gifts binding
4. StatementGiving up the property and its produce
5. Statementרבי יהודה: he still gets the produce of the produce
6. StatementGiving up everything, in life and in death
7. Statementרבן שמעון בן גמליאל: he still inherits
8. Statementרבי חייא's version: 'one who says'
9. ChallengeHow can a waiver like this work at all?
10. ResolutionHe wrote it while she was still an ארוסה
11. ResolutionSecond support: רבא lets a person turn down a rabbinic benefit
12. QuestionWhat does 'such as this one' mean?
13. ResponseThe example: a wife may refuse support and keep her earnings
14. ChallengeIf so, a married husband should also be able to waive
15. Resolutionאביי: A married husband's rights equal his wife's
16. Resolutionרבא: A married husband's rights are even greater than hers
17. StatementWhere אביי and רבא's views make a difference
18. QuestionWhat if the waiver was backed by a קנין?
19. Responseרב יוסף: The קנין covers only the promise
20. Responseרב נחמן: The קנין transfers the land itself
21. Statementאביי sides with רב יוסף