Bava Batra 139B

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Text Excerpt

and one who inherits the property of his wife after her death, i.e., the property is not returned to her family. Evidently, the husband does not have the status of a purchaser, as a purchaser must return the property to its original owner in the Jubilee Year.

Rava said to him: And now that Ravin sent the letter, do we in fact know that the husband has the status of an heir? Doesn’t R' Yosei, son of R' Ḥanina, say: In Usha they instituted an ordinance that in the case of a woman who sold her usufruct property, i.e., property that she alone owns and her h

Rather, Rav Ashi says that the rabbis equated the husband with an heir, and the rabbis equated him with a purchaser. And they deemed him as whichever is better for him, based on the circumstances of the case. With regard to the Jubilee Year, the rabbis equated him with an heir, due to his potential

The Talmud asks: But with regard to the case of R' Yosei, son of R' Ḥanina, there is a loss to the purchasers, from whom the husband appropriates the property, and nevertheless, the rabbis equated him with a purchaser.

The Talmud answers: There, the purchasers caused their own loss. Since they knew that there is a husband, they should not have purchased property from a wife living under the authority of her husband, removing it from the husband and his heirs.