Masechet Bava Kamma 89a-b: Can a woman sell or give her נכסי מלוג? The sugya of תקנת אושא

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August 28 2016
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Halacha:

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 89a Bava Kamma: 89b  

Description

The sugya in Bava Kamma 89a-b analizes the respective קנינים of the wife & her husban vis-a-vis possessions which she brought into the marriage. These so-called נכסי מלוג are subject to a 'split' ownership: while she owns the גוף, her husband, by virtue of Kesuba, owns the פירות. Can the woman sell or give away her נכסי מלוג? This will lead us into the sugya of תקנת אושא, which establishes that he can block her ability to sell these possessions. How can we prove that this Takana was accepted LeHalacha? Perhaps the issue boils down to a debate amongst the Tanaim re: an Eved that she brought into the marriage. If she takes out the eye or tooth of the Eved, does the Eved go free? Who - if anyone - really owns the Eved?

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