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11.10.19

Ketuboth 78 side a and b.

The library here is usually closed during Sukot so I will not be writing. I just wanted to introduce a subject that i hope to be thinking about during the coming festivals.

The Ran in the start of the next chapter [ perek 9] [HaKotev = "he who writes"] brings this idea. In Hakotev [perek 9] it says the property of the wife belongs to the husband. In perek 8 we see the opposite. property that comes to her when sh is engaged and then she is married belongs to he. [She can sell it].
The Ran [on the Rif] say this is not a question. Perek 8 is the property falls to he when she is engaged. Perek 9 is it falls to her after she is married. Then he asks from the Gemara Yerushalmi that we see just writing "I do not own something" does not make it so that one does not own it. There needs to be some act. [The question here is based on the idea in perek 9 that the husband can write to his wife I do not have any portion in your property and  so she can sell it. But if he does not write that, she can not sell it.

The Ran [R. Nisim,] says the case in perek 9 is he writes it when she is engaged and has not been fully married yet.

Some important background: When an wife works or finds something the property belongs to the husband. מציאת האישה ומעשה ידיה לבעלה פרק ששי של כתובות. But property that comes to her before she is married belongs to her. So the husband can not sell it. But he can eat from its fruits. If it is written in the ketuba it is property of iron sheep  That is if there is heaven forbid a divorce the amount of the property has to go back to the woman. If it was not written in the ketuba [marriage contract] then she still owns it but if it goes down in value he does not have to make up the difference.

The things I want to think about are this and also one side one on page 78. But the library is closing here so I do not have time to write about this subject.