Responsa for Ketubot 165:6
אמרי דבי רבי ינאי בכותב לה ועודה ארוסה כדרב כהנא דאמר רב כהנא נחלה הבאה לאדם ממקום אחר אדם מתנה עליה שלא יירשנה וכדרבא דאמר רבא האומר אי אפשי בתקנת חכמים כגון זו שומעין לו
The school of R. Yannai said: It refers to of a man who wrote this to her while she was still only betrothed to him. This is in accordance with the statement of R. Kahana: R. Kahana said: An inheritance that is coming to a person from another source, a person can make a stipulation that he will not inherit it. And this is also in accordance with a statement by Rava, Rava said: that if anyone says, “I do not desire [to avail myself] of such an ordinance of the rabbis, he is listened to.
Teshuvot Maharam
Q. A wants to buy a house. He is afraid to do so, however, lest his wife later legally restrain him from reselling it [since a wife's ketubah constitutes a lien on the husband's immovables]. Should A stipulate that he buys the house on condition that his wife be unable to restrain him from selling it, and if she formally agrees thereto, would such an agreement be binding on the wife; or would it be null and void since she would thus have agreed to a thing that as yet had no existence?
A. The above agreement would be binding on A's wife, for a person may relinquish his claim to rights and privileges before they are created.
SOURCES: Cr. 263; Mord. Ket. 212; Hag. Maim. Ishut 23, 2. Cf. Moses Minz, Responsa 39.
A. The above agreement would be binding on A's wife, for a person may relinquish his claim to rights and privileges before they are created.
SOURCES: Cr. 263; Mord. Ket. 212; Hag. Maim. Ishut 23, 2. Cf. Moses Minz, Responsa 39.
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