(lit. «plucked possessions,» i.age., usufruct) are a phrase derived from the expression meligah, e.grams., meligat ha-rosh, we.e., plucking of locks throughout the lead and that remains unchanged. Similarly, melog property is possessions where the main remains on wife’s possession nevertheless fruit thereof is actually drawn because of the partner to ensure that he has zero responsibility otherwise liberties in respect out of the main, one another the losses and you will get are just hers (Rashbam BB 149b; Haggahot Maimoniyyot Ishut 16:1), and up on dissolution of your relationship such property yields towards spouse as it really stands, in specie. These kinds embraces the assets of one’s spouse falling additional the class away from nikhsei ?on barzel – conserve to possess property of one’s kind described in the next area – whether delivered from the their unique during the time of entering the marriage, or obtained afterwards, e.grams., compliment of inheritance or gift (Yad, Ishut sixteen:2; Tur and Sh. Ar., EH 85:7).
Property That’s Neither ZON BARZEL Nor MELOG
A 3rd category is actually property of your partner in regards to the that partner doesn’t have rights after all, none from what dominant neither the fresh fruit thereof. This includes assets obtained by her following relationship by way out of provide, the fresh new donor which have explicitly stipulated it be taken getting a great certain purpose (including to own her recuperation), otherwise this be taken for your aim of their unique possibilities instead of their own spouse having people power thereover (Yad, Zekhi’ah 3:thirteen, 14; Sh. Ar., EH ), otherwise possessions made available to their own because a present from the their own husband, he getting believed right here getting waived his liberties into the fruits thereof, with regards to the laws «anybody who provides, offers with an ample notice» (BB 52b and you can Rashbam thereto; Sh. Ar., EH 85; 7; select in addition to *Presents ).
This new Husband’s Liberties Into Dominant
Once the wife is actually eligible to the ownership away from their particular possessions – melog, because it has not ceased to settle their control, and you may ?on barzel, in terms of the halakhic laws about the «new luster of their dad’s domestic» (discover a lot more than) – the new partner is not entitled to price therewith any way prejudicial so you’re able to their own best, e.g., sale, an such like., and you will these work is actually invalid with reference to both movable and immovable possessions (Sh. Ar., EH , 14; Rema to help you 14; Beit Shemu’el ninety, letter. 48; Resp. Ribash zero. 150). Regarding money the position varies: whether or not it falls inside the group of ?on barzel which passes completely to the husband’s possession, the guy becoming accountable for going back the same thereof since the determined in the new ketubbah, they are absolve to exchange if not bargain therewith, like with his own currency (?elkat Me?okek 85, n. 4; Resp. Ribash no. 150); in the event the, but not, the cash is part of the melog property and that not regarding the husband’s possession, he or she is not entitled to change therewith save together with his wife’s consent but can merely – and also would-be obliged to do so in that case expected from the their wife – for cash in for example style that principal try preserved to possess their, since fresh fruit will be his (Resp. Ribash zero. 150; ?elkat Me?okek 85 n. 42).
Income Regarding the WIFE’S Property
elizabeth., all of the experts produced from their property in a manner leaving undamaged the primary and its own went on capacity to give benefits – eg sheer or courtroom fruits, age.grams., leasing or the correct regarding profession or inventory dividends – end up in brand new spouse (Sh. Ar., EH 69:3, 85:step one, 2, 13). According to the rules of your sages he or she is entitled to the in return for his obligation so you can ransom money their is she be taken captive, in order to avoid new unwell-perception who develop among them if the he acquired zero assist from their (Ket. 47a–b and Rules). The new partner dont forego their right to getting ransomed at the their husband’s bills towards object from depriving him off his right for the fruits out of their possessions, lest she are still unransomed and stay immersed one of the Gentiles (Sh. Ar., EH 85:1); for the same reason, this new husband will not aesthetic pretty Syracuse, OH girls eliminate the duty in order to ransom his wife from the renouncing the new fruits regarding their own possessions (ibid.).
