(lit. “plucked property,” i.age., usufruct) is actually a term derived from the phrase meligah, age.g., meligat ha-rosh, we.elizabeth., plucking away from hair about lead and this remains intact. Furthermore, melog house is property at which the primary stays regarding the wife’s control nevertheless fruit thereof was pulled by the partner to make certain that they have zero duty or liberties in respect out-of the principal, each other their losings and you will obtain getting simply hers (Rashbam BB 149b; Haggahot Maimoniyyot Ishut sixteen:1), and on dissolution of marriage particularly property output for the partner whilst stands, inside specie. These kinds welcomes every possessions of your own partner losing additional the course out-of nikhsei ?on barzel – save your self having possessions of your kind revealed next point – whether brought of the their own at the time of going into the matrimony, otherwise gotten thereafter, elizabeth.g., by way of heredity otherwise current (Yad, Ishut 16:2; Tur and you can Sh. Ar., EH 85:7).
Property Which is None ZON BARZEL Neither MELOG
A 3rd classification are possessions of your own spouse concerning the that the husband does not have any legal rights after all, none as to the dominating neither the fruit thereof. This consists of possessions obtained from the their own pursuing the marriage by-way out-of gift, the donor which have expressly specified it be studied to have a great certain objective (such for their own data recovery), or this be studied the intent behind her options instead their particular spouse that have people expert thereover (Yad, Zekhi’ah step three:13, 14; Sh. Ar., EH ), or possessions supplied to their just like the a present by their own spouse, he are experienced here to have waived their rights to your fresh fruit thereof, in terms of the signal “whoever gives, gets that have an ample mind” (BB 52b and you will Rashbam thereto; Sh. Ar., EH 85; 7; discover and additionally *Merchandise ).
The fresh new Husband’s Legal rights Towards the Principal
Due to the fact spouse is entitled to the fresh new possession away from their possessions – melog, because has not yet stopped to stay her ownership, and ?on barzel, in terms of the halakhic code concerning the “new shine out-of their own father’s house” (discover a lot more than) – this new partner is not entitled to package therewith any way prejudicial to their unique proper, e.grams., deals, an such like., and you can these operate try incorrect with reference to both moveable Anchorage, KY female and you may immovable possessions (Sh. Ar., EH , 14; Rema so you can 14; Beit Shemu’el 90, n. 48; Resp. Ribash zero. 150). When it comes to money the position is different: whether it falls into the category of ?on barzel hence tickets totally into husband’s control, the guy are accountable for coming back the same thereof due to the fact computed in the the new ketubbah, they are liberated to exchange or otherwise deal therewith, like with his personal money (?elkat Me?okek 85, n. 4; Resp. Ribash no. 150); in the event the, although not, the bucks falls under new melog property hence perhaps not on partner’s possession, he is perhaps not permitted trade therewith save your self together with wife’s agree but could just – and also would-be required to accomplish this if so requested by the his partner – if you take cash in like trend that principal try preserved having their unique, as the fresh fruit would be his (Resp. Ribash no. 150; ?elkat Me?okek 85 letter. 42).
Money Throughout the WIFE’S Property
e., all of the pros produced from their assets in ways leaving unchanged the primary and its went on capability to promote masters – particularly sheer or courtroom fruit, e.g., rental or the correct of career otherwise inventory dividends – fall into the newest partner (Sh. Ar., EH 69:3, 85:1, dos, 13). In accordance with the regulations of one’s sages he could be titled to those in return for his responsibility in order to ransom money her would be to she be used captive, to prevent the latest unwell-feeling who would develop between the two in the event the the guy acquired zero let away from their (Ket. 47a–b and you will Rules). The fresh new spouse dont forego their particular to be ransomed within her partner’s expense for the target regarding depriving him out-of his proper toward good fresh fruit of her property, lest she continue to be unransomed and become immersed among the many Gentiles (Sh. Ar., EH 85:1); for similar need, the fresh husband will not stay away from the responsibility to help you ransom money his wife of the renouncing the latest good fresh fruit off their own assets (ibid.).