Bava Batra 139B

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Text Excerpt

והיורש את אשתו!

and one who inherits the property of his wife after her death, i.e., the property is not returned to her family. Evidently, the husband does not have the status of a purchaser, as a purchaser must return the property to its original owner in the Jubilee Year.

אמר ליה רבא: והשתא דשלח, מי ידעינן?! האמר רבי יוסי ברבי חנינא: באושא התקינו, האשה שמכרה נכסי מלוג בחיי בעלה, ומתה ⁠– הבעל מוציא מיד הלקוחות.

Rava said to him: And now that Ravin sent the letter, do we in fact know that the husband has the status of an heir? Doesn’t R' Yosei, son of R' Ḥanina, say: In Usha they instituted an ordinance that in the case of a woman who sold her usufruct property, i.e., property that she alone owns and her husband benefits only from the profits, in her husband’s lifetime and then died, the husband repossesses it from the purchasers? Apparently the husband’s status is that of a purchaser, as a purchaser can appropriate his purchase from a later purchaser, whereas an heir does not inherit property that the person sold before he died.

אלא אמר רב אשי: בעל ⁠– שויוהו רבנן כיורש, ושויוהו רבנן כלוקח, והיכא דטבא ליה עבדו ליה; גבי יובל ⁠– שויוהו רבנן כיורש, משום פסידא דידיה. גבי דרבי יוסי ברבי חנינא ⁠– שויוהו רבנן כלוקח, משום פסידא דידיה. גבי דרבין ⁠– משום פסידא דאלמנה, שויוהו רבנן כיורש.

Rather, Rav Ashi says that the rabbis equated the husband with an heir, and the rabbis equated him with a purchaser. And they deemed him as whichever is better for him, based on the circumstances of the case. With regard to the Jubilee Year, the rabbis equated him with an heir, due to his potential loss were he to be equated with a purchaser, as he would be obligated to return the property to his wife’s heirs. With regard to the case of R' Yosei, son of R' Ḥanina, where the wife sold the property, the rabbis equated him with a purchaser, due to his potential loss were he to be equated with an heir. With regard to Ravin’s halakha, concerning the sustenance of the husband’s father-in-law’s widow, due to the potential loss of the widow, the rabbis equated him with an heir.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.