I just wanted to introduce a subject and later go into it in more detail.
The issue is in Rav Elazar Shach laws of marriage ch 22. law 16 and law 17.
What I wanted to say is that there is property the wife brings into a marriage that is not written in the Ketuba. [That is called נכסי מלוג]. [That property the husband receives the fruit but does not own it.] What if he and she sell it? [That is they sell it together, not one or the other.] The issue is in tractate Ketuboth. Ameimar said a husband and wife that sell the property of the wife, the deal is not valid. The first way the Gemara understands this is one without the other. But when together, it is valid. The second way of the Gemara is even together the deal is not valid.
The Gemara brings the reason for the second way is from the law in the Torah of "a day or two" of a slave. The law there only applies if the slave has one owner, not two. So the idea is that for a sell to be valid there has to be one owner.
Rav Shach goes into this in detail which I would like to continue later if possible.
Off hand it seems like the issue of דבר שלא בא לעולם that one can not buy or sell something that is not in the world now. For example in Torah law one can not sell fruit that will come from a tree. Either the whole tree. Or a kind of hold on the tree אילן לפירותיו. So in our case the wife owns the property but she can not sell it because the fruit has to go to husband. He can not sell it because he does not own the property, only he receives the fruit.
The issue is in Rav Elazar Shach laws of marriage ch 22. law 16 and law 17.
What I wanted to say is that there is property the wife brings into a marriage that is not written in the Ketuba. [That is called נכסי מלוג]. [That property the husband receives the fruit but does not own it.] What if he and she sell it? [That is they sell it together, not one or the other.] The issue is in tractate Ketuboth. Ameimar said a husband and wife that sell the property of the wife, the deal is not valid. The first way the Gemara understands this is one without the other. But when together, it is valid. The second way of the Gemara is even together the deal is not valid.
The Gemara brings the reason for the second way is from the law in the Torah of "a day or two" of a slave. The law there only applies if the slave has one owner, not two. So the idea is that for a sell to be valid there has to be one owner.
Rav Shach goes into this in detail which I would like to continue later if possible.
Off hand it seems like the issue of דבר שלא בא לעולם that one can not buy or sell something that is not in the world now. For example in Torah law one can not sell fruit that will come from a tree. Either the whole tree. Or a kind of hold on the tree אילן לפירותיו. So in our case the wife owns the property but she can not sell it because the fruit has to go to husband. He can not sell it because he does not own the property, only he receives the fruit.
