R. Shimon diz: O lugar onde a força dele é superior quando ela entra, a força dele é inferior quando ela sai [se ele se divorciar dela]; e o lugar onde a força dele é inferior quando ela entra, a força dele é superior quando ela sai. Os frutos conectados à terra são dele quando ela entra [Isto é, quando a terra cai para ela, eles são dele, conforme os sábios.], E quando ela sai, eles são dela. E o que é arrancado da terra—quando ela entra eles são dela, e quando ela sai, eles são dele. [Os sábios e R. Shimon diferem em relação aos frutos ligados à terra quando ela sair, os sábios não falando deles. Eles não concordam com R. Shimon que quando ela sai eles são dela, sustentando que o que cresce em seu domínio é dele. A halachá está de acordo com R. Shimon.]
Bartenura on Mishnah Ketubot
ביציאתה – if he comes to divorce her.
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English Explanation of Mishnah Ketubot
Introduction
Rabbi Shimon teaches a general rule to help govern what belongs to the husband and what belongs to the wife.
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Bartenura on Mishnah Ketubot
פירות המחוברים לקרקע בכניסתה שלו – meaning to say, at the time of their falling/coming [into inheritance] they are his (i.e., the husband’s) according to the words of the Sages, but there is a difference between the Sages and Rabbi Shimon regarding produce that was attached [to the ground] at the time of her going forth [from the marriage; i.e., divorce}, but the Sages do not speak of them and they don’t hold [this way] regarding that that Rabbi Shimon stated, that when she went forth [from the marriage because of divorce], whatever grew in his domain is his, but the Halakha is according to Rabbi Shimon.
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English Explanation of Mishnah Ketubot
Rabbi Shimon says: In respect to that in which the husband is at an advantage when he marries his wife he is at a disadvantage when he divorces her and in respect to that in which he is at a disadvantage when he marries her he is at an advantage when he divorces her. Produce which is attached to the ground is the husband’s when he marries his wife and hers when he divorces her, Produce that is detached from the ground is hers when she marries but the husband’s when she is divorced. In this mishnah Rabbi Shimon teaches a simple way of remembering which produce belongs to the husband and which produce belongs to the wife during marriage and after its dissolution. When the marriage begins, and as part of her dowry she brings a field that has on it produce attached to the ground, that produce is considered to be like produce grown after the marriage, and it belongs to him. This is the opinion of the Sages in the previous mishnah. When the marriage is dissolved through death or divorce the produce attached to the ground remains the property of the woman, as does the ground itself. In an opposite direction, produce which is detached from the ground is hers when she is married. If she brings this as part of her dowry, then it is used to buy land, as we learned above. However, at the time of divorce, detached produce already belongs to the husband and he need not return it to his wife.
