Friday 24 April 2015

Ketubot 80: How husbands can use the land that their wives bring into the marriage

Our learning focuses more deeply on the details of land brought into the marriage by the kalah.  While the chatan is permitted to use the produce of her land, there are limitations on what he can do.  The rabbis are concerned, for example, that a man might take care of the land carelessly because he assumes that he will be divorced.  This could happen easily in the case of a man having married a minor girl. She has the right to refuse the marriage before she reaches maturity.  In that case, she will not even need a divorce to erase the existence of the marriage.  Her husband might care for the land in the short term but ignore long term issues, resulting in her leaving the marriage with land that is worth less than it was worth when she entered the marriage.

To ensure that this does not happen, the rabbis discuss the concept of hired sharecroppers.  If the husband hires sharecroppers to care for the land, he must ensure that they use the land properly.  And he might call himself a sharecropper, where he is paid a fee for his work but he works the land as one would work the land as a job.  The rabbis also protect against husbands who would try to sell their wives' properties.

Our daf ends with a new Mishna that is quite long.  It discusses how a woman's property might be inherited if that property belongs to a yevama who dies while waiting for her yavam.  Does his family inherit the property?  Do her heirs, i.e.. her father and his heirs inherit the property?  Should it be split?  The rabbis are clearly protective of a woman's property to some degree according to today's debate.

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