Ketubot

she came before R. Nahman [to claim the return of her estate]. R. Nahman tore up the deed.  R. Anan, thereupon, went to Mar 'Ukba  and said to him, 'See, Master, how Nahman the boor  tears up people's deeds'. 'Tell me', the other said to him, 'how exactly the incident occurred'. 'It occurred', he replied,' in such and such a manner'. 'Do you speak', the other exclaimed, 'of a deed a woman intended as a means of evasion?  Thus said R. Hanilai b. Idi in the name of Samuel: I am an officially recognized judge,  and should a deed which a woman intended as a means of evasion  come into my hand I would tear it up. Said Raba to R. Nahman:  What in fact is the reason?  [Obviously] because no man would neglect himself and give his property away to others. But this would apply to strangers only, whilst to a daughter one might well give!  — Even in the case of a daughter a woman gives preference to her own person. An objection was raised: If a woman desires to keep her property from her husband, how is she to proceed? She writes out  a deed of trust  to a stranger;  so R. Simeon b. Gamaliel.  But the Sages said: If he  wishes he may laugh at her  unless she wrote out for him: '[You shall acquire possession] from this day whenever I shall express  my consent',  The reason then  is because she wrote out for him in the manner prescribed;  but had she not done so, the [fictitious] buyer would have acquired [would he not] possession of it?  — R. Zera replied: There is no difficulty. One ruling  refers to [a woman who has assigned to the stranger] all her property;  the other,  to [a woman who assigned to a stranger] a part of her property. But if the buyer does not  acquire her property  the husband  should acquire it!  — Abaye replied: It  was treated as property WHICH IS UNKNOWN TO THE HUSBAND  in accordance with the view of R. Simeon. MISHNAH. [IF A MARRIED WOMAN] CAME INTO THE POSSESSION OF MONEY, LAND SHOULD BE BOUGHT THEREWITH AND THE HUSBAND IS ENTITLED TO THE USUFRUCT.  [IF SHE CAME INTO THE POSSESSION OF] PRODUCE THAT WAS DETACHED FROM THE GROUND,  LAND SHOULD BE BOUGHT THEREWITH AND THE HUSBAND IS ENTITLED TO THE USUFRUCT. [IF IT WAS] PRODUCE ATTACHED TO THE GROUND, THE LAND,  R. MEIR RULED, IS TO BE VALUED AS TO HOW MUCH IT IS WORTH WITH THE PRODUCE  AND HOW MUCH WITHOUT THE PRODUCE, AND WITH THE DIFFERENCE  LAND SHOULD BE BOUGHT  AND THE HUSBAND IS ENTITLED TO ITS USUFRUCT.  THE SAGES, HOWEVER, RULED: ALL PRODUCE ATTACHED TO THE GROUND BELONGS TO THE HUSBAND  AND ONLY THAT WHICH IS DETACHED FROM IT  BE LONGS TO THE WIFE; [WITH THE PROCEEDS OF THE LATTER] LAND IS TO BE BOUGHT AND THE HUSBAND IS ENTITLED TO THE USUFRUCT. R. SIMEON SAID: IN RESPECT OF THAT  WHEREIN THE HUSBAND IS AT AN ADVANTAGE WHEN HE MARRIES HIS WIFE  HE IS AT A DISADVANTAGE WHEN HE DIVORCES HER  AND IN RESPECT OF THAT WHEREIN HE IS AT A DISADVANTAGE WHEN HE MARRIES HER HE IS AT AN ADVANTAGE WHEN HE DIVORCES HER. HOW SO? PRODUCE WHICH IS ATTACHED TO THE GROUND IS THE HUSBAND'S WHEN HE MARRIES HIS WIFE  AND HERS WHEN HE DIVORCES HER,  WHILST PRODUCE THAT IS DETACHED FROM THE GROUND IS HERS WHEN SHE MARRIES  BUT THE HUSBAND'S WHEN SHE IS DIVORCED. GEMARA. It is obvious  [that if husband and wife differ on the choice of purchase between] land and houses,  land [is to receive preference].  [If they differ on the choice between] houses and date-trees, houses [are to receive preference].  [If they insist respectively on] date-trees and other fruit trees, date-trees [are to receive preference].  [If their dispute is on] fruit trees and vines, fruit trees [are to receive preference].  [What, however, is the ruling if the husband desires to purchase]  a thicket of sorb  or a fish pond?  — Some maintain that it is regarded as  produce;  and others maintain that it is regarded as  capital.  This is the general rule:  If the stump grows new shoots  it is regarded as capital,  but if the stump grows no new shoots it is regarded as produce. R. Zera stated in the name of R. Oshaia in the name of R. Jannai (others say, R. Abba stated in the name of R. Oshaia in the name of R. Jannai), If a man steals