019 - הִלְכוֹת אִישׁוּת פֵּרֶק יט

Laws of Marriage, Chapter 19

1. Among the conditions of the kesubah is that a woman's male children inherit their mother's kesubah and the dowry she brought in as nichsei tzon barzel. Afterwards, the remainder of the inheritance is divided equally with their brothers.

2. How does this work? If a man married a woman whose kesubah and dowry totaled one thousand, and she bore him a son and died during his lifetime, and afterwards he married another woman whose kesubah and dowry totaled two hundred, and she bore him a son and died during his lifetime, and then he himself died, leaving two thousand—his son from the first wife inherits the one thousand from his mother's kesubah, and his son from the second wife inherits the two hundred from his mother's kesubah, and the remainder is divided equally between them. Thus, the son of the first wife receives one thousand four hundred, and the son of the second wife receives six hundred.

3. When does this apply? When he left at least one dinar more than the total of the two kesubos, so that the remainder can be divided equally. But if he did not leave even one dinar more, everything is divided equally. For if these inherit their mother's kesubah and those inherit their mother's kesubah, and not even one dinar remains to be divided among the heirs, this condition would nullify the Torah's law of equal inheritance among the sons.

4. The same law applies to one who married many wives, whether one after another or at the same time, and all died during his lifetime, and he had male children from each. If there was at least one dinar more than the total of all the kesubos, each son inherits his mother's kesubah, and the remainder is divided equally.

5. If the orphans say, "We will appraise our father's property as worth more by a dinar, so that we may take our mother's kesubah," they are not listened to. Rather, the property is appraised in Beis Din according to its value at the time of their father's death. Even if the value increased or decreased after his death, before they come to divide it, it is not reappraised; only the value at the time of their father's death is considered.

6. If there was more than the total of all the kesubos, even if there is a debt document against the excess, it is not deducted; rather, each one inherits his mother's kesubah.

7. If a man was married to two women, and one died during his lifetime and the other after his death, and he had sons from both, even if he did not leave more than the two kesubos, if the second wife took the widow's oath before she died, her sons take precedence in inheriting her kesubah, because they do not inherit their mother's kesubah by this condition, but as a Torah inheritance. Afterwards, the sons of the first wife inherit their mother's kesubah by this condition. If anything remains, it is divided equally. But if she died before taking the oath, the sons of the first wife inherit only their mother's kesubah, and the remainder is divided equally.

8. If a man was married to two women, had sons from both, and died, and afterwards the wives died—if they took the oath and then died, each son inherits his mother's kesubah as a Torah inheritance, not by this condition. Therefore, it does not matter whether there is an extra dinar or not, and the heirs of the first wife take precedence over the heirs of the second. But if they did not take the oath, all the sons divide everything equally, and there is no inheritance of the kesubah, since a widow does not have a claim to her kesubah until she takes the oath.

9. If one took the oath and the other did not, the one whose mother took the oath—her sons inherit her kesubah first, and the remainder is divided equally. Any son who inherits his mother's kesubah when she died during his father's lifetime does not collect from encumbered property, only from free property, like all heirs.

10. Among the conditions of the kesubah is that the daughters are supported from their father's property after his death until they become betrothed or reach maturity. If the daughter reaches maturity, even if she is not betrothed, or if she is betrothed even if she has not reached maturity, she is no longer entitled to support. And a daughter who is supported from her father's property after his death—her earnings and found objects belong to her, not to her brothers.

11. We allocate to a daughter food, clothing, and lodging from her father's property, just as we allocate to a widow; and we sell property to provide food and clothing for the daughters without public announcement, just as we sell for the widow's food and clothing. However, for a wife, we allocate according to her honor and the honor of her husband. For the daughters, we allocate only what is sufficient for them; and the daughters do not take an oath.

12. The sons do not inherit their mother's kesubah, and the daughters are not supported under these conditions, unless there is a kesubah document in their possession. But if there is no kesubah document, they receive nothing, for perhaps their mother forgave her kesubah. If it is not customary to write a kesubah, they receive according to the conditions.

13. If someone, at the time of his death, instructed to uproot one of the conditions of the kesubah—for example, he said that his daughters should not be supported from his property, or that his widow should not be supported, or that his sons should not inherit their mother’s kesubah—we do not heed him. If he gave all his property as a gift to others—since a deathbed gift only takes effect after death, as will be explained—the gift and the obligation of the property under these conditions take effect together; therefore, his widow and daughters are supported from his property, and his sons inherit their mother’s kesubah if she died during her husband’s lifetime.

14. A daughter who performed mi'un is like the other daughters and receives support. But the daughter of a yevamah, or the daughter of a second wife, or the daughter of a betrothed woman, or the daughter of a woman who was raped—these do not receive support after their father's death under this condition; but during their father's lifetime, he is obligated to support them like all other sons and daughters during his lifetime.

15. One who betroths a daughter who is being supported by her brothers is obligated to provide her support from the time of betrothal, for she no longer receives support from her brothers once she is betrothed, and she is not yet of age to support herself, but is still a minor or a young woman. And a person does not want his betrothed to be degraded and go begging at doorways.

16. If the daughter married and then performed mi'un, or was divorced, or was widowed—even if she is awaiting yibum—since she has returned to her father's house and is still not of age, she is supported from her father's property until she comes of age or until she is betrothed.

17. If a man died and left sons and daughters, the sons inherit all the property, and they support their sisters until the sisters come of age or are betrothed. In what case does this apply? When he left enough property that the sons and daughters can both be supported from it until the daughters come of age; this is called "ample property." But if the property he left is less than this, we take from it support for the daughters until they come of age, and the remainder is given to the sons. If there is only enough for the daughters’ support, the daughters are supported from it until they come of age or are betrothed, and the sons must beg at doorways.

18. In what case does this apply? When he left real estate. But if he left only movable property—since by the enactment of the Geonim the daughters are supported from movable property—the sons and daughters are supported equally from these limited assets; for they only enacted support from movable property if the daughters would be like the sons. This is how the Geonim ruled.

19. If he left real estate and the property was ample, but later diminished, the heirs have already acquired it. If it was limited at the time of death and later increased, the sons inherit the increase. Even if it did not increase, if the sons sold the limited property first, their sale is valid.

20. If the property was ample, but there was a debt, or he stipulated with his wife that he would support her daughter, neither the debt nor the support for his wife's daughter reduces the property; rather, the sons inherit everything, and they pay the creditor his debt, and they support their father's wife's daughter for the period stipulated, and they support their sisters until they come of age or are betrothed from what is in their hands.

Laws of Marriage, Chapter 19

21. If a man leaves behind a widow and a daughter—whether the daughter is from her or from another wife—and there is not enough property to provide sustenance for both, the widow is supported, and the daughter must beg at the doors. Similarly, I say that the sustenance of the daughter takes precedence over the inheritance of the son from the ketubah of his mother who died during the lifetime of his father, even though both are conditions of the ketubah. This is an a fortiori argument: if the Torah inheritance is set aside because of the sustenance of the daughter, all the more so should the ketubah inheritance, which is a condition established by Beis Din, be set aside because of the sustenance of the daughter.

22. If someone dies and leaves behind adult and minor daughters, and does not leave a son, we do not say that the minor daughters should be supported until they reach maturity and then the rest of the property should be divided equally. Rather, all of them divide the property equally.