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|KESUVOS 48 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.|
Rebbi Eliezer ben Yakov: A husband must provide his wife with clothing that is appropriate for her age and for the season.
A man who insists on having relations with his wife while they are fully clothed must divorce her and pay the Kesuvah.
A wife has the right to choose to follow the custom of the husband, but he cannot force her to give up her own practices. (1)
The Tana Kama maintains that the wife does not have the right to choose to follow the custom of the husband for after she dies. (2)
Rebbi Yehudah: Even after death, the wife has the right to follow the custom of the husband.
If a man goes insane, the Beis Din supports his wife and children from his property.
If a man goes overseas, the Beis Din supports his wife from his property, but not his children. (3)
Rav Yosef: If a man goes overseas, the Beis Din buys his wife cosmetics from the money of the husband.
If a husband predeceases his wife, when the widow dies the heirs of his property are not obligated to bury her.
If a person leaves instructions that he does not want the expenses of his burial to be paid by his heirs, we pay no heed to him.
If twelve months passed from the time of Eirusin and the Nisu'in did not yet take place, the husband must provide his wife with food.
According to the Mishnah Rishonah, if the Chasan is a Kohen and twelve months passed from the time of Eirusin, the Kalah may eat Terumah.
The Mishnah Acharonah maintains that the Kalah may not eat Terumah until the Chupah.
Rav: If the father hands over the daughter to the husband, she is in the Reshus of the husband for all purposes except for Terumah. (4)
Rebbi Asi: She is in the Reshus of her Chasan with regard to Terumah as well.
Shmuel: If the father hands over the daughter to the Chasan, she is in the Reshus of the Chasan only with regard to inheritance. (5)
If the father traveled together with the agents of the Chasan and his daughter died on the way, the father inherits the dowry. (6)
If the daughter was traveling with the Chasan and they entered a courtyard that belonged to him, we assume that they had a Nisu'in.
If the father hands over the daughter to the Chasan and she subsequently is Mezanah, she is Chayav Chenek.
A Na'arah ha'Me'orasah who is Mezanah is Chayav Sekilah, but if she is a Bogeres, a Be'ulah, or a Nesu'ah she is Chayav Chenek.
A BIT MORE
1. For example, the husband insists that the wife nurse their child and she does not want to do so. If it is the practice of his family not to nurse their children, he may not force her to nurse the child, even though it is the practice of her family to nurse their children.
2. Therefore, if it is the custom of the husband that at the very least they use two flutes and one eulogizer at a funeral, but it is not her custom to do so, the husband is not obligated to do so.
3. A man is not obligated to support his children, and if he wanted his children to be supported from his property while he is away he would have instructed the Beis Din to do so. Therefore, the Beis Din only supports his wife from his property, since he is obligated to support her. However, if a man goes insane, the Beis Din supports both his wife and children from his property even though he is not obligated, since we assume that he would have wanted them to be supported since most people support their children.
4. Even if her Chasan is a Kohen, she may not eat Terumah. Even though, when the daughter is handed over to the Chasan, it is a valid Nisu'in, Rav is concerned that perhaps she will be found to have blemishes that will invalidate the Kidushin because it will be a Mekach Ta'us, and it will turn out that a non-Kohen ate Terumah.
5. If she dies, her Chasan inherits her even though a Chasan does not inherit an Arusah who dies.
6. Even though he already gave it to her Chasan and it is in his possession, the father inherits it because the husband does not inherit the dowry until they have a valid Nisu'in.
THE OBLIGATION TO PROVIDE A WIFE WITH CLOTHING AND FOOD
Rebbi Eliezer ben Yakov says that the husband must provide his wife with clothing that is appropriate for her age and for the season. Tosfos says that if the husband is obligated to provide for his wife clothing, then Kal va'Chomer he must provide her with food. The Chasam Sofer asks that we find that with regard to the laws of Tzedakah, Rav Huna rules that there is a greater obligation to provide clothing to the poor than to provide food. The Chasam Sofer answers that the Kal va'Chomer applies only according to Rebbi Eliezer ben Yakov, who says that the husband must not only supply her with clothes, but he must supply her with appropriate clothing as well. If he must provide appropriate clothing, then certainly he must also supply her with food. According to the Tana'im who do not obligate the husband to provide appropriate clothing, there is no Kal va'Chomer that he must provide food.
THE OBLIGATION TO PROVIDE A WIFE WITH CLOTHING
A husband is obligated to provide seasonal clothing for his wife, the least expensive clothing that is customary to be worn in their place of residence. If, in their place of residence, a woman does not venture out without a cloak that covers her entire body, the husband is obligated to buy for her the least expensive cloak that is customary to be worn in that place. However, a woman should not get into the habit of venturing outside too often, because the true beauty for a woman is to remain at home. Included in the obligation to buy her clothing is also the obligation to buy her the utensils she needs around the house and a place for her to reside. (Shulchan Aruch EH 73:1)
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