Study Bava Batra folio 49B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
נחלה הבאה לו לאדם ממקום אחר, אדם מתנה עליה שלא יירשנה. וכדרבא – דאמר רבא: כל האומר ״אי אפשי בתקנת חכמים״ כגון זאת, שומעין לו.
With regard to an inheritance that comes to a person from another place, i.e., an inheritance one will receive in the future, a person can make a condition about it from the outset that he will not inherit it, since one can waive his future rights to property that is not currently his. And this ruling is in accordance with the opinion of Rava, as Rava said that with regard to anyone who says: I do not want to avail myself of an ordinance of the rabbis such as this one that was instituted for my benefit, one listens to him.
מאי ״כגון זאת״? כדרב הונא אמר רב – דאמר רב הונא אמר רב: יכולה אשה שתאמר לבעלה: ״איני ניזונת ואיני עושה״.
The Talmud asks: What is meant by: Such as this one? The Talmud explains: Rava is referring to that statement of Rav Huna, who said that Rav says a certain ruling. As Rav Huna says that Rav says: A woman can say to her husband: I will not be sustained by you and, in turn, I will not work, i.e., you will not keep my earnings. The rabbis instituted that a husband must provide sustenance for his wife, and in exchange is entitled to her wages. Since this was instituted for the benefit of wives, the wife is able to opt out of this arrangement. Similarly, the husband may waive his rights to the profits from his wife’s land. It is in such a circumstance that the Mishnah rules that even if he relinquished his rights, he does not establish the presumption of ownership by enjoying the profits.
הא ראיה – יש? תימא: ״נחת רוח עשיתי לבעלי״!
§ The Mishnah teaches that a husband does not establish the presumption of ownership of his wife’s field by enjoying its profits. The Talmud suggests: By inference, the husband has the ability to bring proof that he purchased the field from his wife or received it as a gift from her and consequently be regarded as the owner of the field. The Talmud asks: Why is this proof decisive? Let her say: I did it, i.e., I gave or sold the field to my husband, only to please my husband, but I did not mean it.