Commentary for Bava Batra 263:12

אמר רב במזכה להן על ידה ושמואל אמר במחלק לפניה והיא שותקת רבי יוסי בר' חנינא אמר באומר לה טלי קרקע זו בכתובתיך

Samuel replied: [This applies also to the case] where he<span class="x" onmousemove="('comment',' Lit., 'through her hand.' I.e., she acquired it on their behalf by means of a 'scarf', Kinyan Sudar (v. Glos. and cf. p. 310, n. 11, supra). Since she assisted in the transfer of the estate, received also a small share for herself and raised no protest whatsoever, it is taken for granted that she agreed to lose the amount of her kethubah, should her husband possess no other lands at the time of his death. ');">⁴³</span> made the distribution in her presence and she remained silent.<span class="x" onmousemove="('comment',' Even though she did not assist in the transfer. Her presence alone, since she raised no protest and received also some share, is sufficient proof that she agreed to give up her claims as far as the lands distributed are concerned. If she, however, receives no share whatsoever, her silence is interpreted not as acquiescence but as designed to gratify her husband. ');">⁴⁴</span> R. Jose b. Hanina replied: [This may also apply to the case] where he said to her,<span class="x" onmousemove="('comment',' When he gave her in writing that piece of land. ');">⁴⁵</span> 'Take this [piece of] land in place of your kethubah'.<span class="x" onmousemove="('comment',' According to R. Jose, even if she was absent from the distribution, her silence, when the gift was made to her, is sufficient evidence that she renounced her claims, upon the lands distributed. ');">⁴⁶</span>

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