Related for Ketubot 156:1
ת"ש דתניא א"ר יהודה אמרו לפני ר"ג הואיל וזו אשתו וזו אשתו זו מכרה בטל אף זו מכרה בטל אמר להן על החדשים אנו בושים אלא שאתם מגלגלים עלינו את הישנים שמע מינה דיעבד קאמר שמע מינה
Come and hear what was taught in the following. R. Judah stated: They argued before R. Gamaliel, “Since this one is his wife and the other is his wife, just as a sale by the former is invalid so also should a sale by the latter be invalid.” He replied, “We are in an embarrassed condition with regard to [the problem of] her new possessions and you wish to involve us [in the problem of] her old ones also?” Thus it may be inferred that he referred to a case of ex post facto also. Learn from this. It was taught: R. Hanina b. Akavia said:
Tosefta Ketubot
Said Rabbi Yehudah: They said before Rabban Gamliel: His betrothed is [called] "his wife" and his bride is [called] "his wife"—just as this one's [his bride's] sale [of her property] is void [without his permission], so to this one's [his betrothed's] sale is void. He said to them: With new property [that which came to her since she was married to him] we are ashamed [that he has control over it], but you would roll over us old property [that which came to her before she was married to him]!? Said Rabbi Hananya ben Akavya: This is not how Rabban Gamliel replied to them. Rather, he said thus to them: No! [Maybe] you can say [this] about a married woman, for whom he has the legal right to her found objects, her handiwork and to annul her vows, but can you say this about a betrothed woman for whom he had no legal rights to her found objects, her handiwork nor to annul her vows!?
Ask RabbiBookmarkShareCopy