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1) CAN A MARRIED WOMAN SELL HER PROPERTY?

(a) (Mishnah): Property that fell to a woman before engagement - Beis Shamai and Beis Hillel agree that she may sell it or give it as a gift. If it fell after engagement, Beis Shamai says, she may sell; Beis Hillel says, she may not sell; they agree, if she sold or gave it, the sale or gift stands.
(b) R. Yehudah: Chachamim said in front of R. Gamliel: Since the husband acquires the woman, doesn't he acquire the property?!
(c) R. Gamliel: We are embarrassed about the new property (which she sold after Nesu'in, about which we said, the husband takes it from the buyers) - you are coming to suggest this by the old property?!
(d) Property that fell to her after Nesu'in - Beis Shamai and Beis Hillel admit, if she sold it, the husband takes it from the buyers.
(e) Property that fell to her before Nesu'in, and then they had Nesu'in - R. Gamliel says, if she sold or gave it, it stands.
(f) R. Chanina Ben Akavya: Chachamim said in front of R. Gamliel: Since the husband acquires the woman, doesn't he acquire the property?!
(g) R. Gamliel: We are embarrassed about the new property - you are coming to suggest this by the old property?!
(h) R. Shimon distinguishes between different types of property.

1. Property which the husband knew about - she may not sell it; if she did, the sale or gift is void;
2. Property which the husband did not know about - she may not sell it; if she did, the sale or gift stands.

(i) (Gemara) Question: Why do they agree in the 1st case, and argue in the 2nd case?
(j) Answer #1 (d'Vei R. Yanai): In the 1st case, the property falls to her; in the 2nd case, it falls to him (because of the privileges he has in her property).
(k) Objection: If it falls to him - if she sold it, why does the sale stand?
(l) Answer #2: Rather, in the 1st case, the property falls to her; in the 2nd case, we can say it falls to her, we can say it falls to him!

1. Lechatchilah, she should not sell; if she sold or gave it, it stands.

(a) (Mishnah - R. Yehudah): They said in front of R. Gamliel ... (doesn't he acquire the property?)
(b) Question: Does R. Yehudah challenge Beis Shamai's opinion that she may sell, or Beis Hillel's opinion that her sale stands?

(c) Answer (Beraisa - R. Yehudah): Chachamim said in front of R. Gamliel: This is his wife (after Nesu'in), and this is his wife (engagement) - just as the sale of a Nesu'ah is void, also the sale of an engaged wife is void!

1. We see, he says that even b'Diavad, the sale is void.

(d) (Beraisa - R. Chanina Ben Akavya): R. Gamliel did not answer that way, rather as follows:

1. R. Gamliel: No - if you say that the sale of a Nesu'ah is void, since he merits her found objects, her earnings, and can annul her vows alone - will you say the same by engagement, when he lacks these privileges?
2. Chachamim: That explains if she sold before Nesu'in; what if she sold after Nesu'in?
3. R. Gamliel: Also in that case, she may sell or give, and it stands.
4. Chachamim: Since he acquires the woman, doesn't he acquire the property?
5. R. Gamliel: We are embarrassed about the new property - you are coming to suggest this by the old property?!

(e) Contradiction: But in the Mishnah, R. Gamliel said that after Nesu'in, she may not sell Lechatchilah!
(f) Answer #1 (Rav Zvid): The Mishnah should read, she may sell.
(g) Answer #2 (Rav Papa): The Mishnah is how R. Yehudah understood R. Gamliel; the Beraisa is R. Chanina Ben Akavya's understanding of R. Gamliel.

1. Question: Does R. Chanina Ben Akavya (say that R. Gamliel) holds as Beis Shamai?!
2. Answer: No - he says, even Beis Hillel said, she may sell Lechatchilah.

(a) (Rav and Shmuel): Whether the property fell before engagement or during engagement, and they had Nesu'in - the husband takes the property from the buyers.
(b) Question: Who is this like? It is not like R. Yehudah, nor as R. Chanina Ben Akavya!
(c) Answer: It is as Raboseinu.

1. (Beraisa): Raboseinu reconsidered, voted and concluded, whether the property fell before engagement or during engagement, and they had Nesu'in - the husband takes the property from the buyers.

(d) (Mishnah): After Nesu'in, they agree ...
(e) Suggestion: The enactment of Usha is taught in our Mishnah!

1. (R. Yosi Bar Chanina): In Usha it was enacted, a woman that sold her Melug property in the life of her husband, and she died, the husband takes the property from the buyers.

(f) Rejection: No - our Mishnah teaches, he may take the property from the buyers in her lifetime, to eat the fruits; the enactment of Usha applies to the land itself, after she dies.
(g) (Mishnah): R. Shimon distinguishes different types of property ...
(h) Question: What is called known property, and what is unknown?
(i) Answer #1 (R. Yosi Bar Chanina): Land is known; Metaltelim are unknown.
(j) Answer #2 (R. Yochanan): Both of these are known.

1. Unknown property is something she inherits overseas while she is here.
2. Support (Beraisa): Unknown property is something she inherits overseas while she is here.

(k) A woman about to get married wanted to deflect her property from her husband. She wrote a document giving her property to her daughter; she got married, then divorced.