תנו רבנן אלו הן פירות ואלו הן פירי פירות הכניסה לו קרקע ועשתה פירות הרי הן פירות מכר פירות ולקח מהן קרקע ועשתה פירות הרי הן פירי פירות
when a husband sells fruits and buys land, who owns the land? it would seem that the husband does, so why does the ברייתא say that he gets the fruits? surely he gets the fruits if he owns the land?
1 comment:
i was wondering about the same thing. it seems that the husband has right to "consume" the produce or profits from her land. However, his rights are limited to "spending" all the produce since that would normally bring "ravach beisa" as we see the gemara is concerned about. However, if the husband is going to invest the produce into land, the land will belong to her, and he will only have rights to the produce of that land. Basically, the husband doesn't "own" the fruits, rather he has full rights to use and spend the fruits, but if converted into land, it belongs to her. This seems to be included in the gemara's answer of "b'deshayra"- where there was left over, meaning that if the husband doesn't "use" all the fruits then the land purchased with them will once again be hers, and he only has the rights to the fruits of that second land.
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