Sunday, Kesuvos 83
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Summary of the Daf
If the husband withdraws his right to the property of his wife, he may eat the fruit, but the wife has the right to sell the property.

If the husband withdraws his right to the fruit of the Nichsei Melug, he may not eat the fruit, but if she dies he inherits her.
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If the husband withdraws his right from the property, from the fruit, and from the fruit of the fruit during her lifetime and after her death, he also loses his right to inherit her.

Raban Shimon ben Gamliel: A husband cannot withdraw from his rights to the inheritance because doing so contradicts the law of the Torah.
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If one withdraws from his property for the benefit of his partner, it is not a valid withdrawal.
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Only a withdrawal during the Eirusin is a valid withdrawal from the Nichsei Melug.
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Rav Huna: A woman may say to her husband, "I do not need food from you, and I do not want to give you my handiwork."

If one withdraws from his property with a Kinyan for the benefit of his partner, the Amora'im disagree about whether it is a valid withdrawal.

A husband would rather withdraw from his right to block a sale of the Nichsei Melug than to forfeit his inheritance, because death is more frequent than a sale.

If the husband sells the fruit of the Nichsei Melug and buys land, the fruit of the land is regarded as fruit of the fruit.

 

Brief Insight
SELLING THE NICHSEI MELUG

If the husband withdraws his right to the property of his wife he may eat the fruit, but the wife has the right to sell the property. The Gemara says that the husband withdrew from the property during the Eirusin. The Ran asks that the Mishnah earlier states that if a woman sells property that she inherited while she is an Arusah, the sale is valid. Accordingly, even without the withdrawal of the husband she may sell the property b'Di'eved, and thus what effect was there from the withdrawal of the husband? The Ran answers that the withdrawal of the husband allows her to sell property that she will inherit after the marriage. The Tosfos Yom Tov answers that without the withdrawal of the husband, her sale of the property was only b'Di'eved, and now she may sell the property l'Chatchilah.

 

Quick Halachah
WITHDRAWAL FROM THE NICHSEI MELUG

If the husband withdraws his right to the property of his wife while she is still an Arusah and the wife sells the property, it is a valid sale and the husband receives none of the proceeds of the sale. As long as she has not yet sold the property, the husband may eat the fruit of the property. If the husband withdraws after the Nisu'in, he must make a Kinyan, and if he does so her sale of the property will be valid. A withdrawal helps only after the Eirusin. If he withdraws prior to the Eirusin, it is not a valid withdrawal. (Shulchan Aruch EH 92:1)

A withdrawal prior to the Eirusin is not valid even if he makes a Kinyan, because a Kinyan does not work for something that does not yet exist. (Chelkas Mechokek)

 

Chakirah
Raban Shimon ben Gamliel says that a husband cannot withdraw from his right to the inheritance of his wife because doing so goes against the Torah. Why may one not make a condition that contradicts the Torah? Is it because it is forbidden to forgo the inheritance, or because a condition that contradicts the Torah is not regarded as a condition?
Author's Suggestion
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