Study Bava Batra folio 51A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
ודייני גולה אמרו: מחזיקין. אמר רב: הלכה כדייני גולה. אמרו ליה רב כהנא ורב אסי לרב: הדר ביה מר משמעתיה? אמר להו: מסתברא אמרי – כדרב יוסף.
but the judges of the exile said that one can establish the presumption of ownership. Rav says: The halakha is in accordance with the opinion of the judges of the exile. Rav Kahana and Rav Asi said to Rav: Has the Master retracted his halakha that one cannot establish the presumption of ownership with regard to the property of a married woman? Rav said to them: I said that the opinion of the judges of the exile is reasonable, as the presumption of ownership can be established with regard the property of a married woman under certain circumstances. The Talmud comments: This is like that ruling of Rav Yosef with regard to one who possesses the land for 3 years after the death of the husband.
ולא לאשה בנכסי בעלה וכו׳. פשיטא – כיון דאית לה מזוני, מזוני הוא דקא אכלה! לא צריכא, דיחד לה ארעא אחריתי למזונה.
§ The Mishnah teaches: And a wife does not have the ability to establish the presumption of ownership with regard to her husband’s property. The Talmud asks: Isn’t that obvious? Since she has the right to sustenance from her husband’s property, she is enjoying the profits as payment of her sustenance, so her use of the property does not establish the presumption of ownership. The Talmud responds: No, it is necessary to state this halakha in the event that he designated another parcel of land for her sustenance. The Mishnah teaches that even if she enjoys the profits of a second field for 3 years, she does not establish the presumption of ownership of that field.
הא ראיה – יש? לימא לגלויי זוזי הוא דבעי!
The Talmud asks: By inference, the wife has the ability to bring proof of her ownership and take possession of her husband’s field. Why is this proof valid? Let him say that he desires to expose her concealed money. If he offers to sell the field to her and she agrees, it will be discovered that she has money of which he had been unaware. His intention was never to sell the property, but to claim money to which he is entitled.