accepted. Also if the witnesses to a deed [of sale] say, We only wrote [under reservation of] a moda'ah1 their word is not accepted!2 — This is the case where they make a verbal statement to this effect, because a verbal statement cannot invalidate a written deed, but if they write a deed,3 then one deed can invalidate another.
The preceding text states that R. Nahman said: If the witnesses [to a bond] say, We only wrote it [under cover of] an amanah, their word is not accepted, and if the witnesses [to a deed] say, We wrote [it under the reservation of] a moda'ah, their word is not accepted. Mar son of R. Ashi, however, says that if they say, We only wrote [it] under cover of an amanah, their word is not accepted, but if they say, We wrote [under the reservation of] a moda'ah, their word is accepted. The reason is that it is proper to commit to writing a moda'ah, but it is not proper to commit to writing an amanah.4
THE HUSBAND HAS NO HAZAKAH IN THE PROPERTY OF HIS WIFE. Surely this is self-evident? Since he has a right to the produce [of the wife's field,5 therefore, however long he occupies it we say that] he is merely taking the produce?6 — The rule required to be stated for the case in which he has made a written declaration that he has no right or claim to her property.7 But suppose he has done so, what difference does it make, seeing that it has been taught, If a man says to another, I have no right or claim to this field, I have no concern in it, I totally dissociate myself from it, his words are of no effect?8 — In the school of R. Jannai the answer was given that the Mishnah here [is referring to the case] where the husband made this declaration to the wife while she was still only betrothed to him; [and such a declaration would be valid] in virtue of the dictum of R. Kahana
Baba Bathra 49b
that a man is at liberty to renounce beforehand1 an inheritance which is likely to accrue to him from another place;2 and this rule again is based on the dictum of Raba, that if anyone says, I do not desire to avail myself of a regulation of the Rabbis of this kind, we comply with his desire.3 To what was Raba referring4 when he said 'of this kind'? — He was referring to the statement made by R. Huna in the name of Rab: A woman is at liberty to say to her husband, You need not keep me and I will not work for you.5
[Since the Mishnah says that a husband has no hazakah in the property of his wife, we infer that] if he has proof [that she sold it to him],6 the sale is effective. [Yet why should this be?] Cannot she say [in this case also], I merely wished to oblige my husband?7 Have we not learnt: If a man buys [a field] from the husband8 and then buys it again from the wife, the purchase [from the wife] Is void?9 This shows that she can say: I merely consented in order to oblige my husband, and cannot she say here also that she merely wished to oblige her husband? — The truth is that this [Mishnah] has been qualified by the gloss of Rabbah son of R. Huna: The rule really required to be stated in reference to those three fields [that are specially allotted to her]10 — one that the husband inserted In the kethubah,11
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