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Bava Batra 49: Can a Wife Be forced to Sell Land to Her Husband?

08.13.2024 | ט׳ באב תשפ״ד

A husband cannot establish a presumption of ownership regarding his wife’s property – nor a wife regarding her husband’s. Which makes sense given the usual terms of rights in marriage, but even if he has foresworn those rights. Also, if there’s proof of a sale, then he would take ownership of her property — unless she then protests (possibly in contrast to Rav Huna and valid sales under duress). The ketubah itself can stipulate ownership too.

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Anne and Yardaena

Anne Gordon is the deputy editor of Ops & Blogs at The Times of Israel. She is a veteran educator, having taught in high school and post-high school institutions in Israel and America for several decades. Yardaena Osband is a pediatrician and teaches in her community and online. They both hail from Boston, proud alumna of Maimonides School, where they first learned Gemara. Talking Talmud is their conversation (via podcast) on the daf yomi. They say: “Learning the daf? We have something for you to think about. Not learning the daf? We have something for you to think about! (Along with a taste of the daf…) Join the conversation with us!”

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