brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
If a husband did not eat the fruit of the Nichsei Melug in an honorable way, he must eat at least the amount of an Isar or a Dinar. (1)
Rebbi Yehudah: If the husband gave vines from her Nichsei Melug to his animals, he no longer has a claim to be repaid the expenses of the improvements.
Rebbi Yehudah: If one uses the fruits of a field of Orlah, Kil'ayim, or Shevi'is, it is included in the years of Chazakah. (2)
If the husband improves the Nichsei Melug of his wife without eating any of the fruit, he makes an oath about how much he spent and collects that amount from her. (3)
If one plants trees in his friend's field without permission, the owner must pay him for the expenses. (4)
If the husband brings in a sharecropper to work on the Nichsei Melug of his wife, in a certain case the sharecropper may not collect his share. (5)
The Amora'im disagree about whether the husband may sell the property of the Nichsei Melug so that the buyer may eat the produce. (6)
If a Shomeres Yavam inherits property, everyone agrees that she may sell the property while she is still a Shomeres Yavam.
Beis Shamai: If a Shomeres Yavam dies, the Nichsei Melug is divided among the heirs of the husband and the heirs of the father. Beis Hillel: If the Shomeres Yavam dies, the Nichsei Melug is given to the heirs of the father.
Once they do Yibum, the Yevamah is like any other wife, but the Kesuvah is paid from the property of the deceased brother.
The husband may not tell his wife that her Kesuvah "is resting on the table." Rather, all of his property is collateral for the Kesuvah.
A BIT MORE
1. If he does not eat at least the amount of an Isar or a Dinar he may claim from his wife repayment for the expenses of improvement that he made on the Nichsei Melug in the event of a divorce.
2. Even though the fruit of Orlah and Kil'ayim is forbidden, and instead of eating the fruit himself he gives the vines from the field to his animals, it still is regarded as a Chazakah. The year of Shevi'is is also included in the Chazakah even though the produce is Hefker.
3. If the amount he spent is more than the value of the improvement, he may collect only the value of the improvement.
4. This applies only if they are less or equal to the value of the improvements.
5. If they get divorced after the husband had eaten some of the fruit, and the husband is a sharecropper himself, she does not have to pay the sharecropper. She may claim, "If you had not worked on the field, my husband would have worked on the field instead, and I would not have been obligated to pay him."
6. Even though the produce belongs to the husband, perhaps the Chachamim gave him the produce only because he will bring the produce into the house, thus giving the household a greater abundance of fruit, which will not be the case if he sells them.
IMPROVEMENTS OF THE NICHSEI MELUG
If the husband spent money for improvements on the Nichsei Melug of his wife and then he ate an Isar's or Dinar's worth of fruit, even if he did not eat it in an honorable way he has no claim to repayment for the money he spent. The Rosh says that this applies only if the husband chooses to divorce his wife. If the wife rebels against the husband and aggravates him until he divorces her, the husband must be compensated for the expenses of the improvement, even though he ate the fruit.
IMPROVEMENTS ON THE PROPERTY OF A KETANAH
If the husband spent money for improvements on the Nichsei Melug of his wife who is a Ketanah and she subsequently does Mi'un, we take into account how much of the fruit he ate, how much he spent, and the amount of the improvements, and he is repaid in accordance with the amount that a sharecropper takes, since he worked on the field with permission. (Shulchan Aruch EH 88:10)
If his wife does not do Mi'un and he gives her a Get instead, she is no different from any other wife, and if he ate the fruit he is not repaid for his expenses. (Chelkas Mechokek)
Next Daf Index to Revach for Maseches Kesuvos