(lit. “plucked assets,” i.elizabeth., usufruct) try an expression produced from the word meligah, elizabeth.g., meligat ha-rosh, i.e., plucking off hair on lead hence stays intact. Similarly, melog home is assets from which the primary remains on wife’s control nevertheless the good fresh fruit thereof are drawn from the husband to ensure he has got zero obligation otherwise liberties according away from the principal, both the losings and you can acquire being just hers (Rashbam BB 149b; Haggahot Maimoniyyot Ishut 16:1), and you may on dissolution of your own marriage particularly assets output into the wife because really stands, inside specie. This category embraces the possessions of spouse falling external the category out of nikhsei ?on barzel – rescue having possessions of the kind demonstrated next point – if lead because of the their unique at the time of entering the relationship, or acquired after that, e.g., thanks to heredity otherwise present (Yad, Ishut sixteen:2; Tur and Sh. Ar., EH 85:7).
Property Which is Neither ZON BARZEL Neither MELOG
A 3rd group try property of one’s spouse concerning the which the partner doesn’t have liberties at all, neither to what principal neither new fresh fruit thereof. This may involve possessions acquired by their unique after the relationships by way out of provide, brand new donor with explicitly stipulated which be used to have an excellent particular objective (eg having their unique healing), otherwise which be studied for the aim of their own options hitta Kazakiska kvinnor att gifta sig in the place of their husband having one authority thereover (Yad, Zekhi’ah 3:13, 14; Sh. Ar., EH ), or property supplied to their unique because a gift because of the their unique spouse, he being felt right here to have waived his rights on the good fresh fruit thereof, with regards to the laws “anyone who brings, brings which have a good brain” (BB 52b and you can Rashbam thereto; Sh. Ar., EH 85; 7; see in addition to *Presents ).
The fresh Partner’s Rights Into the Dominating
Just like the spouse are entitled to this new possession out-of their unique possessions – melog, because has not yet stopped to be in their unique control, and you may ?on barzel, in terms of the halakhic signal about the “the luster off their own dad’s house” (find significantly more than) – the fresh new spouse isn’t eligible to contract therewith any way prejudicial in order to their particular right, elizabeth.g., sale, etcetera., and you will these act are invalid with reference to each other movable and you may immovable possessions (Sh. Ar., EH , 14; Rema so you’re able to fourteen; Beit Shemu’el 90, n. 48; Resp. Ribash no. 150). In the case of money the positioning is different: if this falls during the group of ?on barzel and therefore seats completely into the husband’s possession, the guy being accountable for returning the same thereof due to the fact calculated during the the ketubbah, he is liberated to trading otherwise price therewith, just as in his own money (?elkat Me?okek 85, letter. 4; Resp. Ribash zero. 150); when the, but not, the money falls under the latest melog property hence maybe not regarding the partner’s ownership, he or she is maybe not eligible to exchange therewith save your self along with his wife’s agree but could simply – plus might be required to accomplish this if that’s the case questioned of the his wife – by taking money in instance trends your dominating is actually kept for their particular, due to the fact good fresh fruit might be their (Resp. Ribash zero. 150; ?elkat Me?okek 85 letter. 42).
Earnings Throughout the WIFE’S Property
e., most of the benefits derived from their particular assets in such a way making undamaged the principal and its went on power to provide pros – particularly pure otherwise judge good fresh fruit, age.grams., rental or even the proper out-of industry otherwise inventory returns – fall into brand new spouse (Sh. Ar., EH 69:step 3, 85:step 1, 2, 13). According to the regulations of the sages he or she is named to the in return for his obligation so you can ransom money their particular should she be studied attentive, to avoid new unwell-perception who does develop between the two when the he gotten zero let of her (Ket. 47a–b and you may Rules). The fresh partner don’t leave their own right to feel ransomed at the their husband’s expense toward target out of starving him off his right on the good fresh fruit of her assets, lest she will always be unransomed and be engrossed among the Gentiles (Sh. Ar., EH 85:1); for the same reasoning, the newest husband does not eliminate the duty in order to ransom money his spouse of the renouncing the good fresh fruit regarding their particular possessions (ibid.).
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