I wanted just to mention a few issues that come up in Ketuboth page 78. One is that the case of when a woman acquires property before she gets married and then gets married. and then she sells it. there is a disagreement if the husband takes back the property in total (Rosh) or that it stays in the possession of the buyers but the husband just keeps the profits (Rambam).Also there is a disagreement if when he takes back the property itself if he pays for it. Even though these are two separate issues its seems to me that it would not do for the husband to pay for the fruits of the property so that opinion of paying for it must be going like the Rosh.
Another issue is the Tosphot on page 78b. There there is an argument between Tosphot and the Ran.
The issue is when the husband writes that the property of the wife that comes into the marriage he has no profits from it. In Ketuboth later on in the 9th perek that works if the note is written when she was just betrothed. But over here on page 78 it says property she has before she gets married she can sell after she gets married [not to Rav and Shmuel--but that is the opinion of the mishna.] To the Ran the writing has to be before she gets married but only applies to property she gets after she is married. To Tosphot the later on Mishna in perek 9 is going like R Hanina ben Akavia.( I.e. Tosphot is thinking now that R Hanina holds in fact that what comes to her when she is betrothed she does not own and can not sell. So if the husband writes he does not own it that is valid-but otherwise he would own it.]
The basic background here is this. property that comes to a woman when she is betrothed and then she gets married. Raban Gamliel says she can sell it and the deal is valid. R Hanina asks him if he has gained a wife should he not also acquire her lands? R Gamliel says we are already embarrassed about the new one [property she gets after she is married] and you want to make problems about the old?
Rav and Shmuel both say property that comes to her before or after she is betrothed and she sells it after she is married the deal is null.
I should mention that I only saw the Ran after the Maharam Shif said to look him up and I admit the answer of the Ran is pretty good. Still there is a need to understand Tosphot.
Another issue is the Tosphot on page 78b. There there is an argument between Tosphot and the Ran.
The issue is when the husband writes that the property of the wife that comes into the marriage he has no profits from it. In Ketuboth later on in the 9th perek that works if the note is written when she was just betrothed. But over here on page 78 it says property she has before she gets married she can sell after she gets married [not to Rav and Shmuel--but that is the opinion of the mishna.] To the Ran the writing has to be before she gets married but only applies to property she gets after she is married. To Tosphot the later on Mishna in perek 9 is going like R Hanina ben Akavia.( I.e. Tosphot is thinking now that R Hanina holds in fact that what comes to her when she is betrothed she does not own and can not sell. So if the husband writes he does not own it that is valid-but otherwise he would own it.]
The basic background here is this. property that comes to a woman when she is betrothed and then she gets married. Raban Gamliel says she can sell it and the deal is valid. R Hanina asks him if he has gained a wife should he not also acquire her lands? R Gamliel says we are already embarrassed about the new one [property she gets after she is married] and you want to make problems about the old?
Rav and Shmuel both say property that comes to her before or after she is betrothed and she sells it after she is married the deal is null.
I should mention that I only saw the Ran after the Maharam Shif said to look him up and I admit the answer of the Ran is pretty good. Still there is a need to understand Tosphot.
