[Avodah] A woman is acquired

[Micha Berger via Avodah]

On Tue, May 5, 2015 at 9:01pm GMT, R Akiva Miller wrote:
:> I think that it is fairly clear that Jewish law does not believe that
:> a woman is owned by her husband, ...

: That depends on what you mean by "own".
: 
: I own my shoes. This gives me certain rights...

I suggested more than once in the past that baalus has more to do with
responsibility than western notions of property.

Which is why yorshim do not inherit chameitz on Pesach. Even though the
father owned chameitz in the sense of bal yeira'eh bal yimatzei, he lacked
ba'alus at the time of his passing. Or why a rentor has a chiyuv to hang
a mezuzah -- he has some measure of ba'alus, despite not being an owner.

RAF (CCed) shared my post on Facebook, and since I have no idea what
can be seen by the public, I'll paraphrase a couple of responses I thought
would be of interest.

On my line that "qinyan is a broader concept than purchase", one person
compared the mishnah in Avos "qeneih lekha chaver".

This morning, at 8:59am PDT, R Shalom Z Berger asked for a rishon who
clearly rejected the Tosafos haRosh's statement (Kesuvos 2a "nitapecha
sadeihu) that "ha'ishah qinyan kaspo shel ha'ish, kemo avdo veshoro
vechamoro".

Someone else on FB noted that the Rashba, in his chiddushim on the first
pereq of Qiddushin, repeatedly points out that all the rishonim other
than the Rosh reject the idea out of hand.

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 32nd day, which is
micha at aishdas.org        4 weeks and 4 days in/toward the omer.
http://www.aishdas.org   Netzach sheb'Hod: What type of submission
Fax: (270) 514-1507                 really results in dominating others?