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92 ‎[1] If one wrote or said to his wife when they were still engaged, "I have no legal claim on your assets," and she sold or gave them, [the sale or claim] stands. And he has no interest in the cash of the deal (Alfasi notes). And as long as she had not sold or given [the assets], the husband enjoys the income of them, and if she dies he inherits from her. And if he wrote that to her after they were married, he must buy it from him, and then her sale and her gift stand. Note: and he needed defray it unless it was after they were engaged, but if it was before they were engaged he does not have to defray it. (R'an, the beginning of the chapter HaKotev, and Rashba, paragraph 960). ‎[2] If she stipulates while still in erusin [engagement] that any propert that falls to her [in inheritance] once she gets married will not belong to him in law and practice, it takes effect. And some say it does not take effect. * Rem"a: If he removes himself from those properties, some say the property is not written into her ketubah at all (Mordechai Perek Hakotev in the name of the Ritzb"a); and even property that falls to her [in inheritance] afterwards is not included (Mahrik root 13), unless explicitly stated.* ‎[3] If he says to her while she is still in erusin [engagement], "I will have no legal standing in your property," if they acquire it from his hand he has taken himself out of the body of the land and he only has the produce of the land ever. Some argue against that. ‎[4] If he adds on a condition that he will have neither claim also on the produce, when he says to her: I have no claim regarding your possessions or produce, he cannot benefit from the produce while she is alive, but when they sell the fruits and buy for themselves land [with the money], he can eat the fruit. Rem"a: and if she dies, he inherits it (Tur). And there are those who say that he does not force her to sell the produce, but if there were fruits leftover he can sell them and buys land [with the money], and eats the fruit [of the new land] (Tur in the name of the Rosh). ‎[5] If he went on to state the condition with her that he would not benefit from the increase of her assets or even of the increase of the increase, then they take the increase and real property with it, and then they take the increase of that property and buy a second property with that, and he may benefit from the increase of that one, that is, the increase of the increase of the increase. And so on always, up to the point that he states the condition with her that he should not have the increase and not their increase forever, and then he has no aspect of the increase in her lifetime. ‎[6] He writes to her: I don't have any claim to your property or your produce's produce, but he did not mention the produce, there are those who say that he can eat the produce but not the produce's produce. There are those who say that he also cannot eat the produce. ‎[7] If he makes a condition with her that he will not inherit her, behold he does not inherit her, but he can eat the usufruct during her lifetime. Similarly if he makes a condition that he will inherit part of her inheritance, or that if she dies without sons the property reverts to her father's house, all is valid. What are we talking about? That he made the condition with her before their marriage, while she was betrothed, or written into her ketubah at the time of the betrothal, but if he made the condition with her after the marriage, the condition is null, and he will inherit her. *HGH: See above ch. 69. And it's only in the case of "I will not inherit her" written after marriage, that the agreement is null; in any case, if he obligates himself to pass the property he inherits from her on to her heirs, he must fulfill the obligation. (Ran beginning of Hakoteiv in the name of Ramban, and Rivash chs. 64 and 102).* ‎[8] If he stated the condition with her after they were married that he should have no interest in her assets or in the increase of their increase forever in her lifetime or after her death, then he does not benefit from their increase at all; but if she dies he does inherit from her. Note: if he separated himself from his wife's assets and he divorced her, and then he married her again without comment, he takes her back under the original conditions (Rashba paragraph 562).
Version: Sefaria Community Translation
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