Gittin 49: Payback

The consequence for stealing is, in part, return of the stolen item or the value of that item.  Debts like these were often paid back from the thief's assets, which might be land.  The rabbis ruled that the repayment had to be from the thief's most superior land.  Inferior land might have used as repayment in some circumstances.  However, to deter thieve the rabbis insisted on restitution via superior land.

The rabbis use the example of an ox goring another ox to discuss issues of value: consecrated versus non-sacred items, etc.

A debate about the halachot of property transfer in marriage ensues.  Does a woman take the land she has been promised from her new husband's inferior or intermediate land?  Is her consent required for divorce?  A woman's rights are compared to those of an orphan, who also 'inherits'.  However, the rabbis note that a major difference between women and orphans is that the desirability of a woman can be affected by these decisions, where an orphan's desirability is not an issue.

Our daf ends with a discussion about fathers, sons and responsibilities.   When are we responsible for the obligations of others?