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86 ‎[1] One may not accept an object to be guarded from a married woman [for it may be her husbands]. If he does accept it, he should return it to the woman. * Rem"a: If she says, "It is so-and-so's," she is believed (Tur). If a woman travels out of the country, and her husband comes and claims [the object] from the guarder of the object saying that his wife stole it from him, [the guarder] should not give it to him until the woman comes back or died, so it seems to me. * And if she says at her moment of death, "It is so-and-so's", if she is believed about him, it should be done with as she asks. If not, it should be given to her inheritors. * Rem"a: As well as if she dies without saying anything [about the object] (Tur). * Some say that if she lifts it up and puts it in the house, she is no [longer] believed to say that it is so-and-so's. * Rem"a: However, so long as she is alive, one should return it to the woman [if she gives it to someone, instead of her husband] (Tur). However, if he returned it to the husband, the guarder is exempt [from wrongdoing], even if she never lifted it up and put it in the house (Mordechai Perek Chezkat Habatim). * ‎[2] A husband who borrowed from his wife and then divorced her, she has no claim against him. Rama: This is certainly the case if he did not divorce her (Rama's own opinion). Some authorities say that this ruling applies only if the [borrowed] monies were hidden at the time of the loan, but if they were not hidden and he borrowed from her, he has to repay her even after divorcing her (Tur). The law is similar if he grabbed them (the monies) from her, for since the money was not hidden, she is believed when she says they belong to me or to so-and-so (Opinion of the Rav). However, if she buys and sells (i.e. runs a business) inside the house or the husband trusts her with his property, she is not believed [that the money is hers] (Tur). See supra chapter 85 se'if 12. If he borrowed with a loan document, she says the money was not hidden, and he says that the loan money had been hidden, she must bring proof that the money was not hidden, or he is exempt from paying (Nimukei Yosef chapter Chezkat haBatim in Bava Bathra). See Choshen Mishpat chapter 62, regarding a woman who had [loan or realty] documents in her name, what is their law. A woman who sold [movables] or handed over movables as collateral, if the buyer or the lender does not know that they belong to the husband he does not need to return [the items] to him (the husband), even if the husband wants to return the [purchase or loan] money and claims that she stole the items from him (Hagahot Maimoni chapter 22 Hilchot Ishut). Some authorities say that if she buys and sells within the house the husband is believed and the [buyer or lender] must return the items to the husband even without repayment (Rabbenu Yerucham, path 23). It seems to me that this applies only to circumstances in which it is not typical for her to collateralize or sell without the permission of her husband, but if this is typical for her, what is done is done, and so it should be taught. See infra chapter 100.ame, what is their law. A woman who sold [movables] or handed over movables as collateral, if the buyer or the lender does not know that they belong to the husband he does not need to return [the items] to him (the husband), even if the husband wants to return the [purchase or loan] money and claims that she stole the items from him (Hagahot Maimoni chapter 22 Hilchot Ishut). Some authorities say that if she buys and sells within the house the husband is believed and the [buyer or lender] must return the items to the husband even without repayment (Rabbenu Yerucham, path 23). It seems to me that this applies only to circumstances in which it is not typical for her to collateralize or sell without the permission of her husband, but if this is typical for her, what is done is done, and so it should be taught. See infra chapter 100.
Version: Sefaria Community Translation
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