Bava Batra 132 - November 4, 3 Cheshvan
If one wrote all of his possessions to his wife it assumed that the man intended only to appoint her as a steward and wrote it in that manner so that the recipients of the will would respect the executor. Would this be the case only if he wrote it on his deathbed or would it apply even if it was written when the husband was healthy? The answer to this question is brought from a braita relating to a case where the husband wrote to give his wife all of his property and on account of a debt of the husband, the property was collected from the wife, does she forfeit the right to collect her ketuba. Although there is a debate about this, it is clear that if he wrote to give her all of his property, she inherits it all and is not appointed to be a steward. First, the Gemara assumes that it is a case where the husband is not on his deathbed, as on his deathbed, she would be appointed to be a steward. However, this answer is rejected as the rule on one's deathbed has some exceptions, like a woman who was only betrothed or divorced. If the case was in one of those situations, then it could have been even if he was on his deathbed, thus leaving the original question unanswered. Rav Nachman ruled in the ketuba case above that the woman forfeits her right to collect the ketuba when she accepts all of the husband's property. A difficulty is raised from a braita, from a different case where Rav Nachman ruled that we assess one's intention and allow one's possessions to be returned, which we do not do by the woman regarding her ketuba. It was resolved by differentiating between the cases. A Mishna in Peah is quoted, as later Rava will ask if the ruling also applies only if it was done on a man's deathbed or even if he was healthy. If a husband writes all of his possessions to his son and gives his wife any size portion of land, she loses her right to her ketuba. Three amoraim suggest different explanations for this puzzling ruling - each suggesting that the woman indicated (although not explicitly) her acceptance of this arrangement. The Gemara quotes the continuation of the Mishna to raise a difficulty on the three opinions as Rabbi Yossi holds that even if the husband did not write a document to her granting her the land, but the woman accepts it she gives up her rights. This implies that the first tanna requires both a written document and the woman's explicit consent. There is no resolution to the difficulty against the three amoraim. Rav Nachman ruled that the woman forfeits her right to collect the ketuba in the case described above. He explained that the woman is willing to give up these rights as the husband made her his partner is dividing the property to the sons and this affords her honor on account of which she is willing to forfeit her right to her ketuba. Rava asked if this ruling applies also to a man who divided his property in this manner when he was healthy, or only on his deathbed. The Gemara explains the two sides of the question but leaves the question unresolved.