Tuesday 14 March 2017

Bava Batra 51: Gifts and Looking for Concealed Money

The rabbis continue to discuss situations in which a woman can establish chazaka, presumptive ownership, regarding her husband's property.  Is enjoying her sustenance based on his property enough to cancel out any future claim to ownership?  Could her husband have designated a different piece of land as the property that will guarantee her sustenance in the future?  Could he be tricking her into revealing a hidden property that she herself owns?  If a field was given to her as a gift, the rabbis agree that he is not doing so to expose her concealed money.   We are reminded of Kiddushin 26(a) which teaches that Property that serves as a guarantee can be acquired through giving money, a document, or by taking possession of it.  Can only one of these serve as proof of acquisition?

The Gemara argues that if one borrowed money from his slave and then freed him or if one borrowed money from his wife and then divorced her, they have no claim and repayment is not necessary.  Is this because one wished to expose hidden money?  The rabbis argue both sides of this question.  

We are told about Rav Huna bar Avin who sent a ruling to the study hall saying that when one sells a filed to his wife, she has acquired it, and her husband will enjoy its profits as long as they are married.  Rabbi Abba and Rabbi Abbahu said that we can assume that the husband wanted to give this land to his wife as a gift.  Proverbs (22:7) teaches that the rich rule over the poor, and the borrower is servant to the lender..  This suggests that this husband did so in order to enhance her power.  

The rabbis argue whether a husband gives his wife a field as a gift and then is permitted to enjoy the benefits of the land.  We are told that Rav Chisda was in accordance with Rabbi Elazar and did not allow a husband to enjoy the profits of a field he sold to his wife.  Rabban Ukva and Rabban Nechemya, the son's of Rav's daughters, challenged Rav Chisda.  He responded: But I am acting in accordance with the opinion of a lesser sage like others.  Perhaps, the rabbis discuss, a woman who acquires the field with cancelled money does not acquire the field while others do.  

Before ending today's daf, the rabbis consider another baraita: One may not accept deposits from women, from slaves or from children.  A deposit from a woman should be returned because the money might not be hers to spend.  Further, if the woman died, her deposit must be returned to the husband or to the slave who lent her the money.  If the slave died, he must return the money to his master.  

Today's daf takes notice of the power dynamic inherent in the giving of gifts and lending of money.  Money lending can be used for more than financial gain - it can be used to establish, maintain, or remove social power.  

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