(illuminated. “plucked property," i.elizabeth., usufruct) try a term based on the word meligah, age.g., meligat ha-rosh, we.e., plucking regarding locks throughout the direct and that stays undamaged. Also, melog property is property of which the principal stays throughout the wife’s possession but the fresh fruit thereof try pulled by spouse so he’s no duty otherwise rights according out-of the main, one another its losses and you can gain becoming only hers (Rashbam BB 149b; Haggahot Maimoniyyot Ishut 16:1), and through to dissolution of one’s wedding including possessions returns into partner because really stands, inside specie. These kinds welcomes all the assets of your own partner dropping outside the category out of nikhsei ?on barzel – save to have possessions of your type discussed within the next section – whether or not introduced by the their own during going into the wedding, otherwise obtained thereafter, elizabeth.grams., owing to genetics or current (Yad, Ishut sixteen:2; Tur and you will Sh. Ar., EH 85:7).
Assets That’s Neither ZON BARZEL Nor MELOG
A third classification are possessions of the spouse regarding which the partner has no rights whatsoever, neither as to the dominant nor the fresh new fruits thereof. For example possessions gotten by her pursuing the wedding by-way out of present, the fresh donor with expressly stipulated this be used to have a certain goal (such as to have their particular data recovery), or it be studied for your purpose of her possibilities in place of their unique spouse with any power thereover (Yad, Zekhi’ah step three:thirteen, 14; Sh. Ar., EH ), otherwise property provided to their particular since something special because of the their unique spouse, the guy getting experienced right here to possess waived their legal rights towards fruits thereof, in terms of the signal “whoever gives, provides which have an ample attention" (BB 52b and Rashbam thereto; Sh. Ar., EH 85; 7; look for including *Gift suggestions ).
The fresh Husband’s Legal rights Towards Principal
Since the wife was permitted brand new ownership away from their property – melog, since it has not yet stopped to settle their ownership, and you can ?on barzel, with regards to the halakhic rule about the “the latest shine out-of their own dad’s house" (find a lot more than) – the newest spouse isn’t entitled to package therewith any way prejudicial to help you their own proper, age.grams., revenue, etc., and you can any such operate was incorrect with reference to both movable and you may immovable possessions (Sh. Ar., EH , 14; Rema to help you 14; Beit Shemu’el 90, letter. 48; Resp. Ribash no. 150). Regarding currency the career differs: in the event it falls in the group of ?on barzel and this tickets totally to your partner’s possession, the guy becoming guilty of returning very same thereof because computed within the new ketubbah, he’s liberated to change or otherwise package therewith, as with his very own currency (?elkat Me?okek 85, n. 4; Resp. Ribash no. 150); in the event the, but not, the cash falls under new melog property and therefore not regarding husband’s control, they are not eligible to exchange therewith save along with his wife’s consent but could simply – and also could be obliged to accomplish this if that’s the case requested from the their partner – by taking profit eg styles your dominant are managed to possess their particular, because fruit might possibly be his (Resp. Ribash zero. 150; ?elkat Me?okek 85 letter. 42).
Earnings Regarding the WIFE’S Assets
age., all masters based on their own property in such a way making unchanged the main as well as went on ability to promote positives – such as for instance natural otherwise court how do i describe a beautiful Santa fe girl in words fruit, age.g., leasing or the right out of career or stock dividends – end up in the new husband (Sh. Ar., EH 69:step 3, 85:step 1, 2, 13). According to the regulations of one’s sages he is titled to the in return for his responsibility so you can ransom their particular should she be taken captive, in order to prevent the newest sick-feeling who does arise between the two in the event the the guy obtained no help of her (Ket. 47a–b and you will Requirements). The wife dont leave their straight to be ransomed within their own partner’s costs for the target regarding starving him from their best toward good fresh fruit out-of their unique possessions, lest she are still unransomed and become immersed among Gentiles (Sh. Ar., EH 85:1); for the very same cause, the fresh spouse will not stay away from the duty to help you ransom his partner from the renouncing the newest fruits regarding her property (ibid.).