Mishnah
Mishnah

Tosefta for Ketubot 8:5

נָפְלוּ לָהּ עֲבָדִים וּשְׁפָחוֹת זְקֵנִים, יִמָּכְרוּ וְיִלָּקַח בָּהֶן קַרְקַע וְהוּא אוֹכֵל פֵּרוֹת. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, לֹא תִמְכֹּר, מִפְּנֵי שֶׁהֵן שְׁבַח בֵּית אָבִיהָ. נָפְלוּ לָהּ זֵיתִים וּגְפָנִים זְקֵנִים, יִמָּכְרוּ לְעֵצִים וְיִלָּקַח בָּהֶן קַרְקַע וְהוּא אוֹכֵל פֵּרוֹת. רַבִּי יְהוּדָה אוֹמֵר, לֹא תִמְכֹּר, מִפְּנֵי שֶׁהֵן שְׁבַח בֵּית אָבִיהָ. הַמּוֹצִיא הוֹצָאוֹת עַל נִכְסֵי אִשְׁתּוֹ, הוֹצִיא הַרְבֵּה וְאָכַל קִמְעָא, קִמְעָא וְאָכַל הַרְבֵּה, מַה שֶּׁהוֹצִיא הוֹצִיא, וּמַה שֶּׁאָכַל אָכָל. הוֹצִיא וְלֹא אָכַל, יִשָּׁבַע כַּמָּה הוֹצִיא וְיִטֹּל:

If there fell to her, old bondsmen and bondswomen, they are sold, and land is bought for them, and he eats fruits. R. Shimon b. Gamliel says: They are not to be sold, for they are the "pride" of her father's house. [She can prevent it. The halachah is in accordance with him.] If old olive (trees) and vines fell to her, they are sold for wood and land is bought for them and he eats fruits. R. Yehudah says: They are not to be sold, for they are the "pride" of her father's house. [The halachah is in accordance with him.] If one expended money on his wife's property — if he expended much and ate little, [even a minute mount], or if he expended a little and ate much — what he expended he expended and what he ate he ate. If he expended and he did not eat, he swears how much he expended and takes. [This oath is similar to a Torah oath. This is so when the appreciation were as much as the expenditure or more; but if the expenditure were more than the appreciation, he swears a Torah oath that he expended against the appreciation, and he takes only the amount of the appreciation and forfeits the rest. And all this is when the husband divorced her. But if she rebelled, whether or not the husband ate, he swears how much he expended and takes against the appreciation. And in tzon-barzel (mortmain) property, all of the appreciation is his, for we say: "If they increased (in value), they increased for him."]

Tosefta Ketubot

These are those (sic!, the word "inheritors" is not in the Ehrfurt manuscript) who come with her permission [whom the inheritors can force to take an oath, even if they exempt her from doing so; see Mishnah Ketubot 8:5): Anyone to whom she sold [the property in question] or gave as a gift. If he wrote for her [in the ketubah]: "I will have no vow or oath upon you", the inheritors are not able to cause her to swear on things that were used after the death of her husband [that she didn't use them and therefore owes no money]. When does this apply? When she went from her husband's grave to her father's house. But, if she went from her husband's grave to her father-in-law's house, even if he wrote for her "I will have no vow or oath upon you", the inheritors are able to make her swear about property she used after her husband's death.
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