54a just before the wide lines.
If we say that an anusa doesn't get tnay kesubah, isn't that a problem of chotey niskar?
(At least acc to abaye who says chotey niskar is a problem even if she is getting the knas payment)
Avrumi Hersh, London england
Two points for consideration might help us distinguish this case from one of Chotei Niskar:
1) The husband doesn't have the right to divorce this wife. This makes a man who marries his Anusah less autonomous than compared to a husband in an ordinary case of marriage which was not preceded by any violation.
2) But the greater consideration seems to be that this cancellation of the Tena'ei Kesuvah applies only after the death of the husband. Indeed, during his lifetime, the husband of the Anusah must support the daughter. We find this in the Rambam (Hilchos Ishus 19:14). It is difficult to understand how the principle of Chotei Niskar would apply to a situation in which the Chotei does not even survive to experience the so-called "benefit" which is accrued as a result of his sin.
Warmest regards,
Yishai Rasowsky