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Week 62 - Wednesday - 31 January 2001

KETUBOT: CHAPTER 4: MISHNAH 10

If he did not write for her, "Male children which you will have by me, will inherit the money of your ketubah, besides what they share with their brothers" - he is liable, because this is a condition of the Court.

Kehati

The law stipulates that a husband inherits his wife's property; therefore when a woman dies during her husband's lifetime, the husband, as her heir, acquires her ketubah, including the dowry which she brought from her father's house. Suspecting that fathers would refrain from providing their daughters with proper dowries lest if their daughters die during their husband's lifetime, their dowries revert to their husbands, and after their husband's death to their husband's families, the Sages instituted, as one of the conditions of the ketubah - "so that a person would hasten to give to his daughter as he gives to his son" - that sons inherit their mother's ketubah (as taught above, mishnah 6). I.e., they enacted that if a wife dies in her husband's lifetime, her male sons, whom she bore to him, inherit after his death her ketubah and the dowry which she brought to him. In this way, fathers, secure in the knowledge that the dowries which they give their daughters will pass on to their grandchildren-rather than to their son-in-law's families, will not hesitate to provide generous dowries for their daughters, and this will enhance their daughters' eligibility. This enactment is known as "ketuvat benin dikhrin" ("the ketubah of male sons.") Our mishnah teaches that "the ketubah of male sons" is a condition of the Court, and even if it is not written in the ketubah, the husband is bound by it.

If he - the husband, did not write - in the ketubah - for her - his wife "Male children which you will have by me, will inherit the money of your ketubah, besides what they share with their brothers" - their share in the rest of the property, which they inherit in equal portions with their brothers from another mother (as will be explained in detail in chap. 10, below), he - the husband, is liable -- to fulfill the (above) obligation, because this is a condition of the Court - as explained above.

KETUBOT: CHAPTER 4: MISHNAH 11

"Female children which you will have by me will live in my house and will be supported from my property, until they will be taken by men"-he is liable, because this is a condition of the Court.

Kehati

We learned (4:6, above) that the ketubah includes the condition that the daughters (who are not yet of age) are maintained from the estate of their father after his death until they are betrothed. Our mishnah teaches that this condition is a condition of the Court.

If the husband did not write in his wife's ketubah, "Female children which you will have by me will live in my house and will be supported from my property, until they will be taken by men" - until they are betrothed (Gemara), he - the husband, is liable - to fulfill this condition, because this is a condition of the Court - a statutory obligation, and even if it was not written in the ketubah, the husband is bound by it.

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