Kesubos chapter 8, mishnah 4. In the previous mishnah we dealt with the status of the produce attached to property that a woman inherited - what the law is when she inherited the property for the first time, or when she inherited it anew. In our mishnah we will discuss the status of the produce at the time the marriage ends: when the couple divorce, to whom does the produce belong?
The text of the mishnah:
"Rabbi Shimon omer: makom sheyipah kocho bichnisasah - hura kocho biytziasah; makom shehura kocho bichnisasah - yipah kocho biytziasah" - Rabbi Shimon lays down a principle of reversal:
"Makom sheyipah kocho bichnisasah" - any category of property in which the husband was given greater power at the time of the marriage, his power is weakened at the time the marriage ends, and he loses it upon divorce.
"Makom shehura kocho bichnisasah" - any category of property in which the husband's power was limited when she entered the marriage, and the property is not his, his power is strengthened when she leaves, and the property becomes his.
To what does this refer?
"Peiros hamechubarin lakarka: bichnisasah shelo, uviytziasah shelah" - produce that was attached to the ground at the start of the marriage, at the time she inherited the property, belongs to the husband. As was explained, Rabbi Meir held that it is considered principal, while the Sages held that its status is that of produce, and therefore it belongs to the husband - so his power is strong here. But when she leaves, when the marriage ends and there is produce attached to the ground, it belongs to her. Even though it grew in his domain while he was married to her, since it is still attached to the ground it follows the ground; and the ground leaves with her, for it is part of her nichsei melog and remains hers - and therefore the produce is hers as well.
"Vehatelushin min hakarka: bichnisasah shelah, uviytziasah shelo" - produce that is not attached to the ground belongs to her when she enters the marriage, since its status is like cash and we consider it principal. But when she leaves it is considered his, because not only did it grow in his domain, but he even detached it from the ground; and once he detached it from the ground it took on the status of produce, and so it belongs to him.
The view of the Sages in the Gemara:
The Gemara explains that although Rabbi Shimon said that produce attached to the ground is considered hers when she leaves the marriage, the Sages disagree with him and hold that produce attached to the ground is considered his both when she enters the marriage and when she leaves it, because it grew in his domain.
In summary: In this mishnah we learned Rabbi Shimon's principle - wherever the husband's power was strengthened when she entered, it is weakened when she leaves, and the reverse. Produce attached to the ground is his when she enters and hers when she leaves, because it follows the ground that leaves with her; and detached produce is hers when she enters, since its status is that of principal, and his when she leaves, since it grew in his domain and he detached it. The Sages, however, disagree and hold that produce attached to the ground is his both when she enters and when she leaves.