| Can Women Inherit? |
Babylonian Talmud - Masekhet Ketubot 52bMISHNAH.[If] a husband did not give his wife in writing [in their ketubah] the following clause, “The male children that will be born from our marriage shall inherit the money of your ketubah in addition to their shares with their brothers,” [the clause] is nevertheless liable, because [this clause] is a condition laid down by the bet din. [Though he did not give his wife in writing the clause], “The female children that will be born from our marriage shall dwell in my house and be maintained out of my estate until they shall be taken in marriage,” he is nevertheless liable [to do fulfill that clause], because [this clause] is a condition laid down by the bet din. [Similarly, if he did not give his wife the written clause], “You shall dwell in my house and be maintained therein out of my estate throughout the duration of your widowhood,” he is nevertheless liable [to fulfill that clause], because [this clause also] is a condition laid down by the bet din. That is how the sages of Jerusalem write [their ketubot]. The sages of Galilee wrote in the same manner as the sages of Jerusalem. The sages of Judaea, however, used to write, “Until the heirs may consent to pay you your ketubah.” The heirs, consequently, may, if they wish to do it, pay her her ketubah and dismiss her. Rashi’s notes:-If a husband dies, the wife gets the dowry because it was always hers -If the wife dies, the husband still gets the produce of the dowry (usually a field) but cannot sell the field (as it is not his) -If the husband remarries and has kids after his wife dies, and then he dies, the dowry goes to HER sons (not the sons of the other wife) GEMARA.Rabbi Yohanan stated in the name of Rabbi Shimon ben Yochai, “Why was the ketubah for male children instituted?”In order that any man might thereby be encouraged to give to his daughter as much as to his son. But is such a regulation found anywhere else? Seeing that the All-Merciful ordained that a son shall be heir [and] a daughter shall not (Numbers 27:8), would the Rabbis proceed to make a provision whereby a daughter shall be the heir? This also has scriptural sanction, for it is written, “Take wives and beget sons and daughters” (Jeremiah 29:6), and take wives for your sons, and give your daughters to husbands. [Now the advice to take wives for one’s] sons is quite intelligible [since such marriages are] within a father’s power, but [as to the giving of] one’s daughters [the difficulty arises]: Is [such giving] within his power? [Consequently it must be] this that we were taught: That a father must provide for his daughter clothing and covering and must also give her a dowry so that people may be anxious to woo her and so proceed to marry her. And to what extent? Both Abaye and Rabba ruled: “Up to a tenth of his wealth.” Rashi’s notes:-If a husband dies, the wife gets the dowry because it was always hers -If the wife dies, the husband still gets the produce of the dowry (usually a field) but cannot sell the field (as it is not his) -If the husband remarries and has kids after his wife dies, and then he dies, the dowry goes to HER sons (not the sons of the other wife) Compiled by David Goldman
|
