018 - הִלְכוֹת אִישׁוּת פֵּרֶק יח

Laws of Marriage, Chapter 18

1. A widow is supported from the property of the heirs for as long as she remains a widow, until she takes her kesubah. Once she claims her kesubah in Beis Din, she is no longer entitled to support. Similarly, if she sold her entire kesubah, or pledged it, or transferred it to another person by saying to him, "Here, acquire your debt," whether she did these things in a court of experts or not, whether she did so during her husband's lifetime or after his death, she is not entitled to support from the heirs. However, if she sold only part of it, she still receives support. Once the widow becomes betrothed, she loses her right to support.

2. Just as she is supported from his property after his death, so too she is given clothing, household utensils, and a place to live. She resides in the dwelling in which she lived during her husband's lifetime, and uses the bedding and blankets she used during his lifetime, as well as the servants and maidservants she used during his lifetime.

3. If the dwelling collapses, the heirs are not obligated to rebuild it. If she says, "Leave it to me and I will rebuild it at my own expense," they do not listen to her. Similarly, she may not reinforce its walls or plaster it; rather, she must live in it as it is, or leave. If the heirs sold the widow's dwelling, their sale is void.

4. If the house collapsed, or if her husband only had a rented house, she is given a dwelling appropriate to her honor. Likewise, her support and clothing are according to her honor. If her husband's honor was greater than hers, she is given according to his honor, because she rises with him and does not descend, even after his death.

5. The blessing of the house is abundant. How so? If there were five people, and each one's food portion when eating alone was a kav, if all five ate together in one house and shared their food, four kavs would suffice for them. The same applies to other household needs. Therefore, if a widow says, "I will not leave my father's house; allot me my support and give it to me there," the heirs may say to her, "If you are with us, you have support; if not, we will only give you according to the blessing of the house." If she claims that it is because she is young and they are young, she is given enough support for herself alone, even while she is in her father's house. Any surplus of the widow's support or clothing belongs to the heirs.

6. If the widow became ill and required medical treatment with no fixed cost, this is considered like her support, and the heirs are obligated to provide for it. If the treatment has a fixed cost, she is treated from her kesubah. If she was taken captive, the heirs are not obligated to redeem her, even if she was a yevamah. Even if she was taken captive during her husband's lifetime, and he died while she was in captivity, they are not obligated to redeem her from his property; rather, she must redeem herself, or take her kesubah and redeem herself.

7. If the widow dies, the husband's heirs are obligated to bury her. If she took the widow's oath and then died, her heirs inherit her kesubah and are responsible for her burial, but not the husband's heirs. The handiwork of the widow belongs to the heirs. If an heir says to the widow, "Take your handiwork in place of your support," we do not listen to him; but if she wishes this arrangement, we listen to her.

8. All the tasks a wife performs for her husband, a widow performs for the orphans, except for mixing his cup, making his bed, and washing his face, hands, and feet.

9. The findings of the widow, and the produce of property she brought into the marriage, belong to her, and the heir has no claim to them.

10. The property itself that is her dowry, she takes without an oath, and the heirs have no claim to it forever, unless it was left over during the husband's lifetime and was iron sheep property, in which case the surplus belongs to the husband. If the widow died without taking an oath, her heirs inherit her dowry, even if it was iron sheep property; but if there was a surplus, the surplus belongs to the husband's heirs.

10. A widow who seized movable property in order to provide for her sustenance—whether she seized it during her husband's lifetime or after his death, even if she seized a loaf of gold—what she has seized is not taken from her. Instead, Beis Din records what she has taken, and they allocate her sustenance and calculate with her accordingly. She is supported from what is in her possession until she dies or until there is nothing left for her sustenance, and then the heirs take what remains.

11. Similarly, if she seized movable property for her kesubah during her husband's lifetime and he died, she collects her kesubah from it. But if she seized it after his death for her kesubah, she does not collect from it. Even though the Geonim instituted that a woman may collect her kesubah and its conditions from movable property, and therefore a widow is supported from movable property even if she did not seize it—

12. If her husband left movable property and she did not seize it, the heirs take it, and they provide her sustenance. She cannot prevent them and say, "Let the movable property remain in Beis Din until I am supported from it, lest it be lost and I will have no sustenance." Even if she explicitly stipulated with him that she would be supported from the movable property, she cannot prevent them. This is the consistent ruling in all Batei Din.

13. But if he left land, she can prevent them from selling it. If they sold it, she cannot recover it from the buyers, for a woman and daughters are only supported from property that is free (not encumbered).

14. If he left many wives—even if he married them one after another—they are all supported equally, for there is no precedence in the matter of sustenance.

15. A widow who falls before a yavam (levirate brother-in-law)—during the first three months, she is supported from her late husband's estate. If her pregnancy is recognized, or if he left her pregnant, she continues to be supported until she gives birth. If she gives birth to a viable son, she continues to be supported all the days of her widowhood, like other women. If she is not found to be pregnant after three months, or if she miscarried, she is not supported either from her late husband's estate or from the yavam; rather, she must demand that the yavam either perform yibum (levirate marriage) or chalitzah (release).

16. If she demanded that the yavam perform yibum or chalitzah, and he appeared in court and then fled, or he became ill, or the yavam was overseas—she is supported from the yavam's estate without any oath at all.

17. If she fell before a minor yavam, she does not receive sustenance until he grows up and becomes like other yevamim.

18. If someone designated land for his wife at the time of his death for her sustenance and said, "Let such-and-such a place be for your sustenance," he has thereby increased her sustenance. If its income is less than what she is entitled to, she takes the remainder from the rest of the estate; if its income is more than what she is entitled to, she takes it all. But if he said to her, "Let such-and-such a place be for your sustenance," and she was silent, she receives only the produce of that place, for he has fixed her sustenance.

19. If a widow comes to Beis Din to claim sustenance, there is an opinion that rules that sustenance is allocated to her and she is not required to take an oath; but it is not proper to rely on this ruling, because he confused the case with that of a woman whose husband went overseas. My teachers ruled that she does not receive sustenance from Beis Din until she takes an oath, for she is coming to collect from the property of orphans, and anyone who collects from the property of orphans does so only with an oath. This is the view I incline toward, and it is proper to rule accordingly.

20. If a widow comes to Beis Din to claim sustenance, they administer an oath to her at the outset, sell property without public announcement, and give her sustenance. Similarly, she may sell property for her sustenance not in a Beis Din of experts, but with three trustworthy men, without public announcement. Likewise, if she sold property for her sustenance privately, at fair value, her sale is valid; and when the heirs come to require her to take an oath, she takes the oath.

How Much Is Sold for Her Sustenance

21. How much is sold for her sustenance? Enough to provide her with food for six months, or more than this. And it is permitted to sell on the condition that the purchaser will provide her with sustenance for thirty days at a time, and then she sells again a second time for another six months; and so she continues to sell in this manner indefinitely, until only enough property remains for her kesubah, and then she collects her kesubah from what remains and departs.

22. If a widow has been allotted sustenance by Beis Din, her handiwork is not calculated against her until the heirs come and make a claim against her; and if they find that she has handiwork, they take it, and if not, they go their way. But I say that if the heirs are minors, Beis Din does calculate with her and allots her handiwork, just as they allot her sustenance.

23. A widow who does not have a kesubah document in her possession does not receive sustenance, for perhaps she forgave her kesubah, or sold it, or mortgaged it; and even if the heir does not make this claim, we claim it on his behalf and say to her: "Bring your kesubah and swear, and then take sustenance"—unless it is not customary in that place to write a kesubah.

24. If a woman and her husband went overseas, and she returned and said, "My husband died"—if she wishes, she is sustained like all widows; if she wishes, she takes her kesubah. If she says, "My husband divorced me," she is not believed. She is sustained from his property up to the amount of her kesubah in any case—for if she is still his wife, she is entitled to sustenance, and if he divorced her as she claims, she is entitled to her kesubah, since her kesubah is in her possession. Therefore, she receives sustenance up to the amount of her kesubah and then departs.

25. A woman who has a doubtful divorce, and her husband died—she does not receive sustenance from his property, for we do not take from the heir in a case of doubt; but during her husband's lifetime, she is entitled to sustenance until she is divorced with a complete divorce.

26. A poor widow who waited two years without demanding sustenance, or a wealthy widow who waited three years without demanding—she has waived her right and does not receive sustenance for the years that have passed, but only from the time she makes a claim; but if she waited less than this, even one day, she has not waived her right, but rather claims and receives sustenance for those past years.

27. If a widow claims sustenance from the heirs, and they say, "We gave," and she says, "I did not receive"—as long as she has not remarried, the orphans must bring proof, or she must take a heses oath and then collect; but once she has remarried, it is upon her to bring proof, or the heirs may take a heses oath that they gave her.

28. The law of the additional kesubah is like that of the principal. Therefore, if a widow claims, or sells, or forgives, or mortgages the additional kesubah together with the principal—she does not receive sustenance; and if she claimed part and left part, she is like one who claimed part of the principal and left part. And any woman who sells or forgives without specification, she has sold and forgiven the additional together with the principal, for both are called "kesubah" in every place.