Saturday, 2 May 2015

Ketubot 90: Inheritance when one husband are two wives

A new Mishna teaches us that previous ketubot continue to be valid after two situations: when a minor marries - with her own handwriting on the ketuba - at her father's wishes and then comes of age, the ketubah is still valid.  Also, when a married couple converts having had a gentile wedding before the conversion there is no need to repeat the marriage and the sheva brachot, etc..  The rabbis discuss more detailed explanations of this Mishna, particularly regarding the minor girl.

We begin Perek X with another new Mishna.  It states that if a husband marries two wives and then dies, the first wife collects her inheritance before the second wife.  If the wives both die before the husband, and both have sons, the second wife's sons inherit before the first wives' sons.

The Gemara discusses differences between collecting the amount of the ketubah and collecting other inheritance.  It also speaks about the gendered inequality of the time: daughters receive nothing as long as sons are alive.  The rabbis then focus on the more general rules surrounding creditors.  Which dates are to be honoured first when there are a number of debtors?

The Gemara's discussion becomes quite complex.  Liened property cannot be forfeited when a son is attempting to repossess land toward his mother's ketubah.  Does a one ketubah ever become surplus to another?  And what about cases where one wife died before the husband and one after?  The sons could suggest that the second wife was in fact a creditor who is only due her ketubah.  The rabbis argue which sons have clearer rights to claim both their mothers' ketubot and their own inheritance.

Sons might argue with each other - with reason - regardless of how hard the rabbis work to minimize those arguments through carefully thought out halacha.  One has to wonder how often the rabbis dealt with these types of "family court" issues.  It continues to amaze me how many families are torn apart due to inheritance issues.  However, in today's daf, we are thinking about a man who has married two wives.  The complications that seem likely to result might be enough to suggest a lesson regarding the wisdom of having more than one wife...

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