022 - הִלְכוֹת אִישׁוּת פֵּרֶק כב

Laws of Marriage, Chapter 22

1. The husband takes precedence over all others in inheriting his wife. From when does he acquire the right to her inheritance? From the time she leaves her father's domain, even if she has not yet entered the chuppah—since she has come under her husband's authority, he inherits her.

2. How is this? If a woman became betrothed and her father handed her over to her husband, or to the husband's agents, or the father's agents handed her over to the husband or to the husband's agents, and she died on the way before entering the chuppah—even if her kesubah is still in her father's house, her husband inherits her. Similarly, if the father or his agents went with the husband, and the husband entered with her on the way into a courtyard and secluded himself with her there for the sake of marriage, and she died—the husband inherits her. But if the father is still with the husband to bring her to the husband's house, or the father's agents went with the husband's agents or with the husband, and even if the husband entered with her into a courtyard to spend the night as travelers do in a single inn—since the father or his agents are with her, and she has not yet been secluded with him for the sake of marriage—if she dies, her father inherits her, even if her kesubah is in her husband's house.

3. Likewise, if she was of age, or an orphan, or a widow, and she went by herself from her father's house to her husband's house, and neither her husband nor his agents were with her, and she died on the way—the husband does not inherit her.

4. One who marries a woman who is forbidden to him—since the kiddushin is valid—if she dies while married to him, he inherits her. Similarly, one who marries a minor—even though her kiddushin is not complete—if she dies while married to him, he inherits her. But a competent man who marries a deaf-mute woman—if she dies, he does not inherit her. And if a deaf-mute man marries a competent woman, and she dies—he inherits her, for she is of sound mind, and married him with her consent, and transferred her property to him.

5. If a minor was betrothed with her father's consent, but married without her father's consent, whether in his presence or not, the father can object, as explained elsewhere; and even if the father remained silent—if she dies—the husband does not inherit her, unless the father approved of her marriage.

6. The Geonim ruled that if a woman became ill and asked her husband to divorce her so that she would leave without a kesubah, in order that he not inherit her—her request is not heeded; even if she says, "I hate him and do not wish to remain with him," her request is not heeded, and she is not judged as a rebellious wife. This is a proper ruling.

7. All property that a woman owns, whether iron sheep property or nichsei melug, the husband consumes all their produce during her lifetime; and if she dies during her husband's lifetime, her husband inherits everything. Therefore, if the woman sold nichsei melug after she was married—even if those properties came to her before she was betrothed—the husband takes the produce from the buyers throughout her lifetime, but not the principal of the land, for he has no rights to the principal of nichsei melug until she dies. If she dies during his lifetime, he takes the principal from the buyers without payment; and if the money she received from the buyers is still intact, it is returned to the buyers, and he cannot claim that perhaps it is found money.

8. In what case does this apply? To property known to the husband. But if property fell to her in another country, and the husband did not know of it, and she sold it—her sale is valid. Similarly, if a betrothed woman sold property before marriage, her sale is valid, for the husband has no rights to the property of his betrothed until he marries her.

9. A woman who transfers all her property to another person, whether a distant or close relative, before she marries—even though if she is later divorced or widowed, the gift is nullified, as will be explained in the laws of gifts—the husband does not have the right to the produce of those properties. And if she dies, he does not inherit them, for she gave them away before she married. When she dies during her husband's lifetime, the recipient of the gift acquires the property with full ownership. Moreover, even if she gave away part or all of her property before her marriage, and wrote to the recipient, "Acquire from today and when I wish," since the recipient does not acquire full ownership until she desires, the husband does not have the right to the produce of that gift; and if she dies, he does not inherit her.

10. A woman awaiting yibum (a shomeres yavam) has the right to sell or give away property that came to her while she is a shomeres yavam. The yavam does not have rights to the produce, even from nichsei tzon barzel (property she brought into her marriage with his brother), until he performs yibum. If she dies while still a shomeres yavam, her paternal heirs inherit her nichsei melug (property whose produce the husband eats) and half of the nichsei tzon barzel, while the heirs of the husband inherit her kesubah and half of the nichsei tzon barzel. The heirs of the husband are obligated to bury her.

11. A shomeres yavam has her kesubah guaranteed by all her husband's property. Therefore, the yavam cannot sell his brother's property, whether before or after yibum. If he sold, gave as a gift, or divided the deceased brother's property with his other brothers, whether before or after yibum, his action is void, for these properties are already obligated to the widow for collection of her kesubah.

12. If the yavam performed yibum and his brother left produce attached to the ground, it should be sold and land purchased with the proceeds, and the yavam eats the produce of that land.

13. If the deceased left produce detached from the ground, or if he left money or movable property, all of it belongs to the yavam, and he may use it as he wishes, and she cannot object. Movable property is not subject to collection for the kesubah except by the enactment of the Geonim, and this enactment does not have the power to prevent the yavam from using his brother's property or to prohibit him from dealing with it as he wishes.

14. If a yevamah (widow awaiting yibum) did not have a kesubah, or if she forgave her kesubah, the yavam acquires his brother's property and may sell or give it away as he wishes. When he performs yibum, he must write her a kesubah of one hundred, and all his property is obligated for her kesubah, like all other women who have a kesubah.

15. If a woman sold or gave away nichsei tzon barzel after she married, whether to her husband or to others, her action is void. Similarly, if the husband sold land from his wife's property, whether from nichsei tzon barzel or nichsei melug, his action is void.

16. If he sold movable property from the nichsei tzon barzel, although he is not permitted to do so, if he did, the sale stands. If both of them sold nichsei melug, whether the buyer first acquired from the husband and then from the wife, or first from the wife and then from the husband, the sale stands.

17. Similarly, if a woman sold or gave her nichsei melug to her husband, the sale or gift is valid, and she cannot claim regarding nichsei melug, "I only did this to please my husband." But regarding other property, she may make such a claim.

18. How so? If a woman sold or gave her husband nichsei tzon barzel, whether land or movable property, or a field designated for her in her kesubah, or a field written to her in her kesubah, or a field he brought in as an appraised asset from his own property—the husband does not acquire it. Even if a formal act of acquisition was performed with her consent, she may retract at any time she wishes, for she did not give or sell it to him except for the sake of peace in her home. Therefore, the husband has no proof of ownership in his wife's property, except for nichsei melug, as we have explained.

19. If nichsei tzon barzel were lost or stolen, and the wife forgave her husband for them, and this was formalized with witnesses, it appears to me that she cannot later say, "I only did this to please my husband." To what is this similar? To someone from whom a formal acquisition was made that she has no further claim, or who returned these assets as nichsei melug—for the husband does not bring this proof in order to take anything or to establish any claim to her property, but only to exempt himself from her claim for payment. However, if she gave him a gift of existing movable tzon barzel property, he does not acquire it, because she can say, "I only did this to please my husband."

20. If a husband sold land that belonged to his wife for its produce, the sale is invalid, because the produce was only instituted for the husband so that he could benefit in covering household expenses. Therefore, if he sold it for the produce and used the money for business, he is listened to.

21. If a woman had money—if it was nichsei tzon barzel, the husband may conduct business with it; but if it was nichsei melug—whether she brought it into the marriage, or inherited it, or received it as a gift, or it came to her as movable property, or was given to her—these must be sold, and land purchased with the proceeds, and the husband eats the produce.

22. Similarly, if others injured the woman, all the money she is entitled to receive should be used to purchase land, and the husband eats the produce, as will be explained in the laws of damages.

23. If she inherited slaves—even if they are old—they should not be sold, because of the honor of her father's house. If she inherited olive trees or grapevines, and she has no share in the land where the trees are planted—if they yield enough to cover their upkeep, they should not be sold, because of the honor of her father's house; but if not, they should be sold for wood, and land purchased with the proceeds, and the husband eats the produce.

24. If she inherited produce attached to the ground, it belongs to the husband; if it was detached from the ground, it belongs to her, and it should be sold and land purchased with the proceeds, and the husband eats the produce. However, if a man divorces his wife, and she had produce attached to the ground at the time of divorce, it belongs to her; but if it was detached, it belongs to him.

25. The husband is obligated to provide food and all necessities for the slaves and animals that are nichsei melug; they work for him, and he eats their produce. Therefore, the offspring of a melug maidservant or a melug animal belong to the husband; but if he divorces her, and the woman wants to pay for and take the offspring of the maidservant, because of the honor of her father's house, she is listened to.

26. If she brought him two maidservants or two vessels as nichsei tzon barzel, and they were appraised for him at one thousand zuz, and their value increased to two thousand, and he divorced her—she takes one at her original one thousand; and for the second, if she wants to pay its value and take it, because of the honor of her father's house, she is listened to.

27. If a man gives a gift to his wife—whether he gave her land, or gave her money and she bought land with it—the husband does not have rights to the produce of this gift. Similarly, if someone gives a gift to a woman on condition that the husband will not eat its produce, but rather the produce will belong to the woman to do with as she wishes—the husband does not eat the produce of this gift. Likewise, if a woman sells her kesubah for benefit, the money belongs to the woman, and the husband does not eat its produce.

28. If the offspring of a melug animal was stolen, and the thief was found and paid double, the extra payment goes to the woman, for this is not the type of produce that the Sages instituted for the husband. If a man injures his wife, all the payments for damage, pain, and humiliation belong to her, and the husband does not eat their produce, as will be explained in the laws of damages.

29. If a man sells land to his wife—if the money she used to buy the land from her husband was known and visible to the husband, she acquires it, and the husband eats the produce of that land. But if the money was hidden, she does not acquire it, for the husband can say, "I only sold it to see the money she had hidden." The money that was visible should be used to purchase land, and the husband eats the produce.

30. If money or movable property is found in the possession of a woman, and she says, "It was given to me as a gift," while he says, "It is from the work of your hands, which belongs to me," she is believed. However, he may impose a ban on anyone who makes a false claim, and the money should be used to purchase land, from which he may eat the produce. If she says, "It was given to me on the condition that my husband will have no rights to it, but that I may do with it as I wish," she must bring proof, for any property found in the possession of a woman is presumed to belong to the husband for him to eat its produce, unless she brings proof to the contrary.

31. If she does not say to him, "You gave it to me as a gift," she must take a heses oath that her husband gave it to her, and he does not eat its produce.

32. Deposits are not accepted from women, slaves, or minors. If one nevertheless accepted a deposit from a woman, he should return it to the woman; if she died, he should return it to her husband. If he accepted it from a slave, he should return it to the slave; if the slave died, he should return it to the slave's master. If he accepted it from a minor, he should purchase for him a Sefer Torah or something from which he may benefit from its produce. If any of these said at the time of their death, "This deposit belongs to so-and-so," and the deposit was in the possession of someone trusted with it, he should act according to their instructions; if not, he should give it to their heirs.

33. If a woman had money with which the husband is entitled to eat the produce, and he says, "Let it be used to purchase such-and-such," while she says, "I will only use it to purchase such-and-such," they should purchase something whose produce is abundant and whose depreciation is minimal, whether it is as he wishes or as she wishes. Only something whose trunk regenerates should be purchased, lest he consume everything and the principal be lost.

34. If a woman brought into her marriage a goat for its milk, a sheep for its wool, or a date palm for its fruit—even though she only has rights to the produce of these items, he may continue to consume the produce until the principal is depleted. Similarly, if she brought utensils for use as nichsei melog, he may use them, wear them, spread them, and cover himself with them until the principal is depleted; and when he divorces her, he is not obligated to compensate for the depreciation of nichsei melog.

35. The Geonim ruled that with regard to nichsei tzon barzel—even though their depreciation is the husband's responsibility—if the worn-out items remain and are still usable for their original purpose, she takes her utensils as they are. If they are no longer usable for their original purpose, they are considered as if they were stolen or lost, and he must pay their value as assessed at the time of the marriage. This is the established custom. Anyone who marries according to this custom accepts responsibility for the dowry; just as he does not pay for depreciation, so too he does not take any profit if their value increases, according to this custom.

36. A husband may compel some of his wife's slaves and maidservants to serve him in the house of another wife whom he has married, whether they are melog slaves or tzon barzel slaves. However, he may not take them to another city without his wife's consent.