Ketubot 101: Restrictions on Ketubot Retrieval; Child Support of Step-Daughters

A husband must provide certain things for his wife.  For example, he provides her with clothing.  But a wife comes to the marriage with clothing of her own.  If the couple is divorced, who keeps that worn out clothing?  An related example is a cloak that a woman brings into the marriage.  Can her usufruct property be used by her husband?  The rabbis argue this point. Ultimately, it is decided that her husband is not permitted to use the cloak until it wears out. 

Some women are not permitted to collect their ketubot.  Women who have married within forbidden relationships; women who have divorced because of their own transgressions are not entitled to their ketubot.  Neither are aylonit if they married under the assumption that they were not aylonit.  Neither are minor girls (married off by their mothers or brothers) who refuse their husbands.  

The rabbis seem to recognize the tension between enforcing halacha and providing for women who are not protected by marriage.  

Our daf ends in Perek XI where a new Mishna describes ancient child support.  If a woman remarries, her new husband should agree to support the woman's previously conceived/grown daughter for five years.  This does not cancel out the support provided by a previous husband; the ex-husband provides monetary support and the current husband provides sustenance (food, etc.).  The husbands do not team up to provide less to the daughter.  If the daughter is married, she is sustained by her new husband but her father and step-father provide monetary support.  If the step-father dies, this daughter is supported through the sale of property.  If a man does not wish to provide this support, he must write a contract before marrying that says that he will provide sustenance for his wife's daughter for five years only as long as the wife and husband remain married.  

The daf ends with a comparison between this contract and another contract where a man states that he owes 100 dinars to another man.  Is that contract binding?  Does the presence of witnesses make a difference?  We will learn more about the considerations of our rabbis tomorrow.

In the meantime, we can enjoy our ancestors' relatively progressive child support laws.  While five years is not a long time according today's standards, the notion that men are halachically required to provide for children - even those children who are not their own offspring - is inspiring.