Mesorat%20hashas for Bava Kamma 176:17

אמר רב אידי בר אבין אף אנן נמי תנינא מעידים אנו באיש פלוני שגירש את אשתו ונתן כתובתה

It is therefore to be assumed that such a deed was drawn up only for the purpose of keeping the possessions out of the hands of the children,<span class="x" onmousemove="('comment',' Of the son who made the bequest in favour of his father, as otherwise the sons children would have been first to inherit him in accordance with Num. XXVII, 8. ');">¹⁷</span> and similarly also here<span class="x" onmousemove="('comment',' Where the father bequeathed his possessions to a son. ');">¹⁸</span> the deed might have been drawn up for the sole purpose of keeping the possessions out of the hands of his brothers!<span class="x" onmousemove="('comment',' I.e., from the brothers of the particular son in whose favour the bequest was made, as otherwise they would also have had a part in the inheritance on account of their being sons of the same father, and it was not intended that the transfer to the son should have legal effect forthwith. This being so, the case of Samuel b. Abba is on all fours with the Mishnah! ');">¹⁹</span> — The reason of [Samuel's remark that] 'This case cannot be compared to that stated in the Mishnah' is because of the [Rabbinic] enactment at Usha. For R. Jose b. Hanina said: It was enacted at Usha that if a woman disposes of her <i>melog</i> possessions during the lifetime of her husband and subsequently dies, the husband will be entitled to recover them from the hands of the purchasers.<span class="x" onmousemove="('comment',' For the right of the husband to the possessions of his wife took effect at the time of the wedding and thus preceded the act of the sale. V. B.B. (Sonc. ed.) p. 208. ');">²⁰</span> R. Idi b. Abin said that we have been taught to the same effect: [Where witnesses state,] 'We can testify against a particular person that he has divorced his wife and paid her for her kethubah',<span class="x" onmousemove="('comment',' V. Glos. ');">²¹</span>

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