More Discussions for this daf
1. Proof from Shmuel 2. Tovas Hana'ah/Takanas Usha
DAF DISCUSSIONS - BAVA KAMA 89

Jeremy Caplan asked:

The Gemara says "Elah, Deleis La, Hachi Nami Deleis La". I do not understand what the second part of this statement, "Hachi Nami Deleis La", means here and I am not clear about what it is referring to altogether.

What is the Pshat?

Jeremy Caplan, Edison, NJ USA

The Kollel replies:

Dear Jeremy,

Given:

(A) If Takanas Usha does not exist she can sell all her rights of her Nichsei Melug - meaning she can receive money and the buyer will receive the property after divorce or death of either the husband or wife - since now she owns the land and sold it before her husband can obtain it after her death or divorce and so it will belong to the buyer.

(B) If Takanas Usha exists she cannot sell the land if it will be eventually her husband's - since he is considered the first buyer so if she dies, the property goes to her husband (even if she tried to sell it earlier) but if he dies or there is a divorce then the property remains hers (and was never his, except for the fruit) and at least this option she can sell to others.

Now, the Gemara:

1.Let's prove that Usha exists, because if it didn't exist she can obtain money by selling all of the Melug rights to a third person (A) - and the Mishna said that a married woman has no money!

2. The Gemara defers: that even if Usha does not exist she can still obtain money by selling the option (B) which is called Tovas Hana'ah. So in any case why does a married woman have no money?

Answers the Gemara: Ela d'Les Lah - in order to say that she has no money, even if there is Takanas Usha, you must learn that she has no Nichsei Melug property to offer to sell for the option, and only that's why Pegi'asan Ra'a - and therefore Hachi Nami - here also, you can learn that if there is no Usha - "d'Les Lah"- she has no property of Melug to sell. Therefore there is no proof from Pegi'asan Ra'a that Takanas Usha exists.

All the best,

Reuven Weiner