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106 ‎[1] One who writes [in a document] all of his possessions to his children, whether they are male or whether they are female, whether he is healthy or his is on his death bed, and write to his wife land of any size, or a palm tree for its fruit, or fruit attached [to the ground] and they still need the ground [for nutrients], since he made her a partner among the children, and she was silent when he informed her and she did not protest, she has lost the main portion of her * ketuba * as well as the additional part [added by the husband] but not her dowry (Maggid Mishnah Chap. 6 of Z'chiya) and she cannot demand [lit. tear] these possessions at all. But property that comes to him after [he wrote this document], she may collect from them, even if they come from those very possessions [that he wrote in the document], for example, if one of the children died and he inherits [the property originally intended for that child]. ‎[2] If he wrote only movable properties to his wife [when he wrote all his assets to his children], or he retained some land for himself, her Ketubah still retains its force. Based on the edict of the Geonim that the Ketubah may be collected from movable properties, even if he retained some movable properties [for himself], he Ketubah retains its force, for she can say, "I am collecting from the portion that he retained," and once she has an entree through his retained property, she can also raid the other properties. Rem"a: If a man ordered that his sons be given such-such from his assets, or [if he did the same for] other people, and he gave this order in the presence of his wife, and she was silent, some authorities say that she must follow [his orders]. Other authorities dispute this. According to all authorities, if she responded in the affirmative to some of his words, and she was silent about others, she has not forgiven the parts about which she was silent, and she must follow [only those orders] which she affirmed. She cannot say that she only did so to placate him. If she made a gesture of acquisition to fulfill his gift instructions, and she later say that she did not forgive her Ketubah - she only made the gesture because she already had possession and control over the assets, the law is with her and she may collect her Ketubah.
Version: Sefaria Community Translation
Source: https://www.sefaria.org
License: CC0