Torah Tidbits

4 September 2010 / 25 Elul 5770
Issue 0889
Issue 889 - Parashat Vayigash 5770
December 24, 2009

Jewish Law

Lesson # 504 - The Couple's Property

By Rabbi Emanuel Quint, Dean

The property which a wife brings into the marriage is known as dowry. It may consist of real estate and/or personal property. There are times when there is a listing of all of these items in the ketuba but it is nevertheless known as dowry and not called ketuba property. The husband, with the wife’s consent may undertake to become fully responsible for this property. In such event he may use the property, but if it depreciates in value he must bear the loss. If it goes up in value, the increment belongs to him. In halacha, this type of property is known as “iron sheep property (NICHSEI TZON BARZEL). If, however, he does not become a guarantor of the dowry and the wife still has control of the property, if the property depreciates in value she bears the loss and any increment belongs to her. This is known as “melog property (NICHSEI M’LUG). Melog property also includes all property belonging to the wife that was not brought into the marriage. This type of property is not listed in the ketuba but remains in her own possession. The property may have come to her by way of inheritance, after her marriage, or was then gifted to her.
The Sages instituted the ketuba for the wife so that she would have some support when it is paid upon the death of the husband or in the event of divorce. All of the husband’s property is liened for the payment of the ketuba. If when the ketuba has to be paid he had no assets to pay the ketuba except real estate and he owned three different grades of real estate, a superior grade, a medium grade and an inferior grade, the ketuba is payable out of the medium grade. The Sages have also decreed that when the wife comes to collect the ketuba after her husband’s death she must take an oath while holding a sacred object that she has not sold her ketuba to her husband, and that he has not deposited any objects with her to insure payment of the ketuba, nor did she ever waive her right to collect the ketuba. If the husband of his own will divorces her she may collect the amount of the ketuba without any oath.
The Geonim have enacted that the wife may collect her ketuba after the death of the husband even out of movable property and her right to collection is not limited to real estate that he may not possess at the time of divorce or his death. Therefore the Sages have enacted that the ketuba contains language that she may collect the ketuba out of land or movables. When the ketuba is read aloud, listen to its reading and hear the phrase: “And thus said so-and-so, the groom “the responsibility of this ketuba of this wedding outfit and of this additional sum I take upon myself and my heirs after me so that they shall be paid from the best part of my property and possession which I now possess or may hereafter acquire. All my property, real and personal even the coat on my shoulders shall be mortgaged to secure the payment of this ketuba of the wedding outfit and the addition made thereto during my lifetime and after my death from the present day and forever,”
Whatever of his assets that he may sell after the wedding is liened to her ketuba and if he has no assets to pay the ketuba, the wife may go to collect the same from the purchasers of his property. “The purpose of this enactment is that the ketuba should not be light in his eyes.” That is, that he has a responsibility to her when thinking of divorcing her.
A widow is entitled to her maintenance out of the property of the heirs throughout the time of her widowhood until she collects her ketuba. Just as the widow is entitled to maintenance out of her husband’s estate after his death, so is she entitled to garments, utensils and living quarters or she may continue to reside in the living quarters occupied during her husband’s lifetime, and the services of help the husband employed during his lifetime.
If a widow falls ill, if she requires unlimited treatment it is deemed the same as maintenance and the heirs are liable for it. If, however, she needs only treatment of limited duration she must defray the cost out of her ketuba.
If a widow dies, her husband’s heirs are obligated to take care of her burial.
Anything that a widow may find and the income from property brought by her to her husband belongs to her, and the heirs to the husband have no claim to them whatsoever. As for her dowry which she brought into the marriage, the heirs of the husband have no claim to them whatsoever. If it has increased in value during the husband’s lifetime and constitutes iron sheep property, the appreciation accrues to the husband’s heirs.
If a widow comes to court to claim her maintenance she must first take an oath and then property of the estate may be sold without public announcement and the proceeds given her for her maintenance. How much property may be sold to provide for the maintenance? Enough to maintain her for six months.
One of the stipulations of the ketuba is that male children are to inherit the ketuba of their mother and her dowry that she had brought in as iron sheep property. After that, they share the rest of the estate equally with their brothers.
If a man dies leaving both sons and daughters, the sons inherit all the property and must maintain their sisters until they come of age or become betrothed. This applies when he leaves an estate sufficient to maintain both the sons and daughters. However, if the estate is less than that, the maintenance of the daughters comes first and the residue is given to the sons. If the estate suffices only for the maintenance of her daughters, the daughters are maintained out of it until they come of age or are betrothed and the sons get nothing.
If a man dies leaving only daughters both adult and minor, and no sons, they divide the estate right now.
Much of what has been said here is for informational purposes so that the reader should be aware of what the issues are. In practice one should consult with her or his rabbi who is knowledgeable in these areas.

Your Comments

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This applies when he leaves an estate sufficient to maintain both the sons and daughters. However, if the estate is less than that, the maintenance of the daughters comes first and the residue is given to the sons.

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This type of property is not listed in the ketuba but remains in her own possession. The property may have come to her by way of inheritance, after her marriage, or was then gifted to her.

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This applies when he leaves an estate sufficient to maintain both the sons and daughters. However, if the estate is less than that, the maintenance of the daughters comes first and the residue is given to the sons.

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