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Why Would Rabban Gamliel Be Embarrassed From a Takanas Chachamim?

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Rabbi Daniel Glatstein Official avatar
Rabbi Daniel Glatstein Official

Transcript

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recording in progress okay good morning everyone now we're going to do something on da okay the Mish there's a very interesting line in the mishna we did it quickly so you don't have the time to digest it but it's if you stop and think for a moment it's a very difficult line the mishna said a woman who inherited Nasim before aisin both bami and B agree she's a lowed of sell even though now she's married and their husband has rights to the P she could sell it and it's valid and she could sell if it fell to her after Aris B says she could sell says she can sell it everyone agrees if she sold it it's valid says that the said to why in the world should valid sale he married her he in her so isn't he in the so why should she be able to sell it the husband owns her doesn't he own her this is what said to and said we're embarrassed about the that she can't sell that fell after after why would the say that if it fell after the husband now you want to extend and make even a more absurd that she shouldn't be able to sell something that fell after Aris we don't even understand why if it fell after nin she can't sell let alone after aisen but the words that um said back is I'm embarrassed about what the said he's embarrassed the said made he's embarrassed about why would he be embarrassed about understand do you know why do you understand why a woman cannot sell fruits uh cannot sell property that she inherited after Nan cuz the husband owns the fruits that's why she can't sell it we know there's a the husband eats the P of the is embarrassed about that well if he's not embarrassed about that why would he be embarrassed about the fact that she's not to sell the land that the husband has rights to the P so that no kidding he can she can sell the peroid belong to him the husband could bring the fruits as a there's even a in in other words the D that the husband gets the fruits is not just it has a everyone agrees he has a Kenyon in the P what exactly is saying about the the um I'm embarrassed about the new that a woman can't sell land that fell after Nan you're embarrassed about that why in the world should she be allowed to sell it they're his that's Thea what exactly is R embarrassed about you know who else asked this question I think this is the let me see the the he asks the same question as the Yeshua yeah you ready listen look at this does not hold of the Tak of per so then of course the woman can't sell of course the woman can't sell so right of course the woman can't sell because the husband has rights to the fruits you ready for when we say a husband has rights to the fruits does he own the land for the fruits or can he just eat the fruits does the husband have rights in the Cara for the fruits or is it that the rabbis just gave him the fruits if we say the latter he has no ownership in the land for the fruits he was just given the fruits so says of course I agree to that the husband gets the fruits but you're misinterpret in that you're interpreting it that the husband owns land for the fruits he doesn't own the land for the fruits he has no Kenyan car P he just owns the pise so in that case I don't understand why the woman can't sell land that fell to her after nin say what do you mean but then he won't be able to eat the fruits anymore no kidding won't be able to eat the fruits anymore cuz all we're giving him are the fruits so if the land is not around anymore he won't get the fruits but he has no owner ship who told you he has ownership in the land for the fruits the rabbi said he gets fruits because he has to redeem his wife and it's for her benefit any rights with why can't she say look I don't want the rabbi do me a favor if I'm held hostage they take me to Gaza don't redeem me but I don't want you to have the fruits the same way a woman could say don't feed me but don't take my handiwork why can't she say don't redeem me and don't take my fruits so what does to answer to says you know why she can't say that P are different because y in the for the fruits who which birdie told you to the fruits why did the rabbis why were they that what is asking is you claim who told you basically this is a also that says that the husband is not in the for the fruits he's merely in the fruits and he uses this to answer the P's question the is Rael is embarrassed that the rabbi said that a husband gets the fruits think about what let's go back to the mishna the mishna said that said that I don't understand we don't understand why she could sell the land the man is in the woman he's so says I don't understand I'm embarrassed that she can't sell what fell to her afteru certainly she should be able to sell something that happened that felt to her after Aris so we asked is embarrassed that the rabbis gave the husband rights in the fruits so the AR says you have to understand what exactly did the give the husband did they give the husband rights in the land for the fruits or do they just give him the fruits it's not that the Kenyan Paris is that the husband has a Kenyan in the actual land for the fruits when a apple grows said the rabbis gave it to him so he say wait a second he doesn't own the land for the fruits meaning you're I know what you're thinking you're thinking it's such an obvious answer isn't it obvious that it must be we don't give him the land we just give him the fruits it's very not obvious because here's the problem how do the rabbis just give him the fruits the fruits are not around they didn't grow yet see if we're giving him the land for the fruits so we're giving him something that exists right now he he owns the land for the future fruits but he has a current ownership but if you're just going to say that when the Apple grows we're to him what we're yeah it's called is effective that we could give somebody fruits or anything that is did not develop yet when the fruit grows with this we could explain the very big question on the mishas where said what's the of course she can't sell it the husband owns the fruits but according to it's very correct why we should be embarrassed that she can't sell the land that felt her after the husband doesn't have ownership in the k the rabbage just gave him fruit if they develop if she sells it so I'll ask you a question why Tak can't says I'm embarrassed that she can't sell land that fter after Nan so so why can't she taka why can't she it's not because he owns the fruits cu the fruits he she could sell the land there won't be fruits the answer is it's a separate the rabbis say the husband has the right to fruits and the rabbis came along again and they made a second Tak that she can't sell the land so to that says it's bad enough the rabbis came along and they were masak and she can't sell the land I don't understand that even why shouldn't she be able to I know they made such a takana but it's beyond me why they did now you're going to say they went so far is to make a that she can't sell land that fter after we could contradict this M we didn't learn it yet we talk about a case where the husband sells the k for the fruits so we see he does own the land now that's that's the second Tak first all the husband gets is the fruits that's it and then they went ahead and they said in order to preclude her from selling the land they went ahead and they said to stop her from selling the land we'll give him a Kenyon in the Cara for the P so that was that's like a second step after second thought I saw the after that's how the himself says it that's after the mishar a little different than I just said it's not they did that to preclude the wife from selling it it's actually a third step okay you ready watch this first the rabbis came and said a husband just owns the fruits so oh in that case let her sell the land the rabbis came along and said she can't sell the land there's another thing we had on where the gamar asks um no I'm sorry we're going to see there's a that we give him but that's not the mishna is not dealing with that second step if you look I'm not sure what he's referring to a d cuz we didn't get there yet but it seems like there's a second step where we do do give the husband K Li and that's beyond just being M that she cannot sell the land okay that's the land do cannot give per there's no way the land can to give fruit she would still not be able to tell the land the land can't give fruits it's a rocky land it's there's no fruits ever going to grow from that land would that is that still with second saying that she still could not sell the land or or the fact that there's no fruit ever to be grown from that land but therefore she could sell that land and it fell to her after n say after cuz the mishna give cases that something that can produce fruits you sell it and you buy something that could produce fruits and there's no pis there's no pis you have to sell it so then you buy car that do will produce record one more