Saturday 3 June 2017

Bava Batra 132: Widows, Gifts and Ketubot

Yesterday's daf focused on the laws regarding a healthy person leaving an inheritance.  Who is assumed to be his (sic) steward?  How do we understand this shift?  Today's daf begins by examining what is done when a healthy person is leaving a gift to another person.

When a husband dies, it is assumed that his property is left to his wife as his steward.  If he has left his property to her as a gift, she may have to give up that gift if another person claims a loan was left unpaid.  Why?  Because, in part, it is assumed that she can collect her ketubah from the remainder of her husband's possessions.  However, the rabbis walk us through numerous cases where women are left bald from here and from there, meaning that they have lost their rights to their husbands' gifts and to their own ketubot.  Some of these situations involve written notes that document changes.  Others occur when a husband has changed his wife's status, for example, when he has named her as an equal inheritor with their sons.  

The halacha is that a widow loses the right to her ketubah if her husband gives her property.  Our daf ends with the rabbis questioning how much land must be given to waive a woman's rights to her sustenance.  Is one palm tree enough?  What about a given amount of produce from the property?  The rabbis argue that a tree that is connected to the ground is considered to be property.  Produce, however, is considered to be movable property.  Giving movable property to a widow does not waive her rights to her ketubah.

Clearly the rabbis wish to establish halachot that address the maintenance of women once their husbands have died.  They struggle with how to establish such halachot in the context of other competing laws and principles.

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