Skip to main content

Thought for the Day: Produce, Not Produce of Produce, Between Husband and Wife

So Shaindy and Shloimy get married; mazal tov!  Shaindy came into this, her first marriage, with a 10 camel dowry and also her favorite cow, Bessy.  Shaindy's k'suba, therefore, says that she gets $10,400.00 if Shloimy dies or divorces Shaindy; that's 200 zuz plus the appraised value of dowry she brought into the marriage.  Shloimy gets Bessy's milk and babies, Bessy herself remains owned by Shaindy.  Vanilla nichsei m'log and nichsei tzon barzal.

Shloimy gets Bessy's milk and babies because he get the produce (peiros) of Shaindy's property.  What about produce from those peiros (pira d'pera)?  Usually that means something like Shloimy sells the milk and buys property, or raises the calf and gets milk from it.  That kind of pira d'pirh certainly belong to Shloimy.  In fact, it is hard to understand what owning the peiros would mean if it didn't include those rights.  Chazal, though, say that Shloimy only gets peiros and not peirei d'peiros (Bava Kama, 89a).  What follows is my bungled attempt at relaying the explanation of Tosofos (d.h. pira d'pira lo takinu lei rabanan), as elucidated by the Maharsha.

The pira d'pira that Shloimy does not get is profit generated because of, and not by, Shaindy's property.  For example, Shaindy can sell the right to collect her k'suba; aka tovas ha'na'ah.  The buyer is obviously taking a risk; maybe Shloimy won't divorce Shaindy and maybe Shaindy will die before Shloimy.  In that case there is no pay out.  Moreover, even if Shloimy divorces Shaindy or dies before she does, there is no telling when that will be.  As a result, Shaindy is not going to realize that full $10,400.  On the other hand, she will get to use the money (whatever she is able to get for it) right away.  Moreover, that money belongs to Shaindy with no encumbrances.

Another case would be if Bessy has a calf; let's call her Robera.  Suppose Bob gets stolen and then recovered from an unrepentant thief.  Besides returning Robera, the thief also pays a fine equal to the value of Bob; aka keifel.  That keifel goes to Shaindy, not Shloimy.  Again, because it is profit that is not generated by Robera, but generated because something happened to Bob.  Tosofos notes that this case is slightly different than the case of tovas ha'na'as k'subasah.  Namely, when Bob gets stolen, Shloimy is also affected -- he can't work/milk/breed Robera.  Therefore, concludes Tosafos, while the keifel does belong to Shaindy, Shloimy gets its peiros.  For example, Shloimy can by land with the keifel (which will belong to Shaindy) and then work the land or rent it out.

And you thought complex pre-nuptual agreements was a modern invention!


Popular posts from this blog

Thought for the Day: Battling the Evil Inclination on all Fronts

Yom Kippur.  When I was growing up, there were three annual events that marked the Jewish calendar: eating matzos on Passover, lighting candles on Chanuka, and  fasting on Yom Kippur.  Major news organizations around the world report on the "surreal" and "eerie" quiet of the streets in even the most secular neighborhoods of Israel.  Yom Kippur.

As you know, I am observant of Jewish law.  Some have even called me "ultra orthodox" (not in a kind way).  Given that, I have a question.  How likely do you think that I would be tempted to eat on Yom Kippur, that most holy day of the year?  Let's make the scale zero to ten, where zero is "as likely as driving through McDonald's on Shabbos and ordering a Big Mac with extra cheese." and ten is "as likely as breathing regularly".  Take your time.  If you answered "zero"; thank you, but -- sadly and penitently -- no.  The answer is more like nine; I'd like to say lower, but i…

Thought for the Day: Using a Mitzvah Object for Non-Mitzvah Purposes

As I am -- Baruch HaShem -- getting older, I am more cognizant of the fact that I'd like to stay as healthy as possible right up the moment I leave this world.  Stuff hurting is not the problem (I am told there is an old Russian saying that once you are 40, if you wake up and nothing hurts -- you're dead), stuff not working, however, is a problem.  To that end, for several years now I commute to work by bicycle (weather permitting, 30 minutes on an elliptical machine when weather does not permit).  I recently took up some upper body weight training.  Not because I want to be governor of California, just simply to slow down loss of bone mass and extend my body's healthy span.  Simple hishtadlus.  I have an 18 month old grandson who is just the right weight for arm curls (yes... I am that weak), so I do about 10 reps when I greet him at night.  He laughs, I get my exercise; all good.  (Main problem is explaining to the older ones why zeidy can't give them the same "…

Thought for the Day: Coming Into This World for Torah, Avodah, and Acts of Loving Kindness

This TftD is so self-serving that I should be embarrassed.  But I am not... talking about grandchildren is always off budget.  I have, bli ayin hara, a beautiful new grandson; born at 6:11 PM CDT last Friday night.  The secular (aka -- by me, anyway -- slave) date is October 20, 2017 CE.  The Hebrew (aka Real) date is certainly Rosh Chodesh חשון/Cheshvan and certainly in the year 5778 since Creation.  The date, you ask... good question!

Sundown on Friday night was 6:01 PM CDT, which means he was born either at the end of the last day of תשרי or the beginning of the first day of Cheshvan; a period know as בין השמשות/twilight.  What's the big deal, you ask... I am so glad you asked.  We all deal quite handily with בין השמשות every week and every holiday; we're just stringent.  We start Shabbos and the first day of Yom Tov before בין השמשות; that is, before sundown.  Likewise, we end Shabbos and the first day of Yom Tov after בין השמשות; some 42, 50, 60, or 72 minutes after sundo…