EPISODE · Aug 13, 2024 · 10 MIN
Bava Batra 49: Can a Wife Be forced to Sell Land to Her Husband?
from Talking Talmud · host Yardaena Osband & Anne Gordon
A husband cannot establish a presumption of ownership regarding his wife's property - nor a wife regarding her husband's. Which makes sense given the usual terms of rights in marriage, but even if he has foresworn those rights. Also, if there's proof of a sale, then he would take ownership of her property -- unless she then protests (possibly in contrast to Rav Huna and valid sales under duress). The ketubah itself can stipulate ownership too.
What this episode covers
A husband cannot establish a presumption of ownership regarding his wife's property - nor a wife regarding her husband's. Which makes sense given the usual terms of rights in marriage, but even if he has foresworn those rights. Also, if there's proof of a sale, then he would take ownership of her property -- unless she then protests (possibly in contrast to Rav Huna and valid sales under duress). The ketubah itself can stipulate ownership too.
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Bava Batra 49: Can a Wife Be forced to Sell Land to Her Husband?
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