Jewish Law

Lesson # 505 - Injuries caused to or by a married woman

    There is a Mishna in T. Baba Kamma that states that if one injures another person he must pay to the victim the following five items of compensation: (1) injury (depreciation); (2) pain; (3) medical treatment; (4) loss of time (earnings); and (5) degradation (humiliation).

    There is a Mishna that states: “The objects found by a married woman and the works of her hands belong to her husband He enjoys the usufruct (income) thereof. He also enjoys the income of whatever she inherits during her lifetime. Compensation for degradation, damages for injury to her belong to her. R. Yehuda ben Bateira says when in an unexposed part, two parts go to her and one part goes to him, but when in an exposed part, two parts are his and one part is hers. His is paid immediately and with her part land is purchased and the husband enjoys the fruit (income) thereof.” (T. Ketubot 6:1)

    In Rambam (1135-1204), Book of Torts, Laws of Wounding and Damaging 4:15-18, the laws appear as follows: (15) If one injures a married woman, compensation for loss of time and medical treatment belongs to her husband and compensation for pain belongs to her. Regarding humiliation and depreciation the following applies: If the wound is visible (for example, if he strikes her on the face or neck or hands or arms) one third belongs to her and two-thirds to her husband. If, however, the injury is concealed, one third belongs to her husband and two thirds to the woman. The husband’s share is given to him at once. With her share, land is bought and the husband enjoys the fruits (income) thereof. (16) All of this applies only if others injure her. If however, a husband injures his wife, he must pay her immediately for the whole of the injury and the whole of the humiliation and the pain. The entire compensation belongs to her and her husband has no rights to the income thereof. If she wishes to give the money away to another, she may do so. The Geonim also have ruled in this manner. The husband must also pay for the treatment of any of her ailments. (17) If one injures his wife during marital intercourse, he is liable for the injury done to her. (18) If a woman wounds her husband, the following laws apply: If there is a supplement to her ketuba and the husband is willing, we compel her to sell the supplement to the husband at its present market value, and he may then collect the compensation from her. If he wishes to divorce her and collect the compensation from the entire ketuba, he may do so. However, if she has no supplement to her ketuba she cannot sell him the principal amount of her ketuba for a man is forbidden to keep his wife with him for a single hour without a ketuba, lest it be an easy matter to divorce her. But if the husband is willing, he may draw up a document recording the compensation for his wound due him from her, or else he may divorce her and take the amount due him from the ketuba. to be continued next week

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