Ketubot 78 - September 22, 26 Elul

Today's daf is sponsored by Malka Abraham. " Thank you to Rabbanit Michelle and the entire Hadran community. Shana Tova!" Beit Shamai and Beit Hillel both agree that if a woman received usufruct property before she was betrothed, she had the rights to sell it. But they disagree regarding the usufruct property of a woman that comes to her possession when she is betrothed. Can she sell it? And if the answer is no, if she does it anyway, is the sale a valid sale? According to Rabbi Yehuda, a discussion ensued between the rabbis and Rabban Gamliel debating whether the husband during the betrothal should or should not be able to prevent his wife from being able to sell her property. In the case where she receives usufruct property during the marriage, all agree that if she were to sell it, the sale is not valid. However, Rabban Gamliel holds that if she received the property during or before the betrothal and sold it after she was married, the sale is valid. Rabbi Chanina ben Akavia holds explained that a discussion ensued between the rabbis and Rabban Gamliel debating whether the husband during the marriage should have full rights to the property she inherited before or not. Rabbi Shimon distinguishes between property the husband knew of (sale is not valid) and property he did not know of (sale is valid, even though ideally, she should not sell it). Why do Beit Shamai and Beit Hillel agree in the case before the betrothal but disagree after the betrothal? Was Rabbi Yehuda's description of the discussion between Rabban Gamliel and the rabbis referring to her ability to sell the property ab initio (Beit Shamai) or post facto (where both Beit Shamai and Beit Hillel agree)? To answer the question they quote the Tosefta Ketubot 8:1. In that source Rabbi Chanina is quoted there with a different version of the line of argumentation of Rabban Gamliel against the rabbis. Also there, he has a different opinion regarding the sale of property received before the wedding but sold during the marriage - he says it can be done ab initio. This contradicts our Mishna that says the sale is valid only after the fact, but ideally, she can't sell it. The contradiction is resolved by explaining that Rabbi Yehuda (the Mishna) and Rabbi Chanina (the Tosefta) disagree about what Rabban Gamliel held in this case. Rav and Shmuel have a third approach that in this case, the sale would be invalid. As this corresponds with no opinion we have seen thus far, how can they say that? Once she is married and inherits property, all agree that the sale is not valid. Is this the same as the takana they instituted in Usha? What did Rabbi Shimon mean by "property he knew about" and "property he did not know about"? Two explanations are brought.