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Text Excerpt
פוסקין מזונות לאשת איש. ושמואל אמר: אין פוסקין מזונות לאשת איש. אמר שמואל: מודה לי אבא בשלשה חדשים הראשונים, לפי שאין אדם מניח ביתו ריקן.
The court apportions sustenance for a married woman, i.e., if a husband went overseas and left behind nothing with which his wife could provide for her sustenance, the court withdraws money from his estate for this purpose. And Shmuel said: The court does not apportion sustenance for a married woman. Shmuel further said: Abba, i.e., Rav, concedes to me that the court does not touch the husband’s estate for the first 3 months. This is because a person does not leave his house empty, and therefore it is certain that he left something with which his wife can sustain herself at least in the short term.
בששמעו בו שמת כולי עלמא לא פליגי. כי פליגי, בשלא שמעו בו שמת. רב אמר: פוסקין, דהא משועבד לה. ושמואל אמר: אין פוסקין.
The Talmud comments: In a case where they heard that the husband died, everyone agrees that the court sustains his wife from his estate. When they disagree it is in a case where they did not hear that he had died abroad. Rav said that the court apportions sustenance for the wife, as his estate is legally mortgaged to her and must provide her with sustenance, and Shmuel said that in this case the court does not apportion sustenance for her.
מאי טעמא? רב זביד אמר: אימא צררי אתפסה. רב פפא אמר: חיישינן שמא אמר לה ״צאי מעשה ידיך במזונותיך״.
The Talmud asks: What is the reason for Shmuel’s ruling? Rav Zevid said: One can say that he gave her a bundle of money before he departed. Rav Pappa said: We are concerned that perhaps he said to her before his departure: Spend your earnings to sustain yourself, i.e., he renounced his rights to her earnings and in exchange he is no longer required to provide her with support.