Property of a Couple
LinksGeneral notes re marital property
The rabbis enacted an exchange of rights and responsibilities linking the husband's responsibility for common needs with his receipt of common benefits, and the husband's responsibility for unusual needs with his receipt of unusual benefits: Ketuvot 47b
At what point in the marriage process do the husband's rights/responsibilities begin?: Ketuvot 48a-49a
In Talmudic times, it was unusual for women to hold property independently: Rashi Ketuvot 47b מזונות
Trade-off: The husband is required to bury his wife, and he inherits her dowry if she pre-deceases him: Ketuvot 47b
Trade-off: The husband is required to ransom his wife if she is taken captive, and he may benefit from land which his wife inherits, or that she held before the marriage [נכסי מלוג], in exchange for which the husband : Ketuvot 46b, 47a, 47b; Kiddushin 10a
If the husband writes all of his property over to his wife, we assume that he is not actually giving over everything, but rather he is appointing her as legal guardian over it: Gittin 14a
A husband who assigns all power of his finances to his wife will complain in court, but they won't be able to help him: Bava Metzia 75b
Whether the wife's power of acquisition is fully merged into that of the husband: Kiddushin 23b, 24a
Rights of a woman to her ketubah payment, and to other benefits, if he could be forced to divorce her due to her lack of a set menstrual period: Niddah 12b
If a man consecrates all of his property, does that include the clothing of his wife and children, and clothing that has been made for them and has not been worn?: Ketuvot 54a
What are a man's rights to his wife's property and its product if he declares that he has no rights to her property?: Ketuvot 56a-b
Nichsei Tzon Barzel נכסי צאן ברזל - Property that the husband has access to during the marriage
Nichsei tzon barzel are the nedunya (נדוניא) - a woman's dowry. Upon divorce or the husband's death, the wife receives its value from the time it entered the partnership. If the wife predeceases her husband, the husband inherits it.
Does a husband gain rights to nichsei tzon barzel from the time of kiddushin, or from the time of nisuin?: Ketuvot 47a-49a
A husband's inheritance of his wife's nichsei tzon barzel if she dies after kiddushin: Ketuvot 48a-49a; Bava Metzia 18a
The husband having a duty to bury his wife, in exchange for his ability to inherit his wife's nichsei tzon barzel: Ketuvot 47b
Whether, if a wife finds an object, it goes to the husband as nicshei tzon barzel: Bava Metzia 12a
If a wife finds an object after divorce but before he pays the ketubah, she keeps it: Bava Metzia 12a
If a wife finds an object after the husband threw her a Bill of Divorce in a manner which is of uncertain validity: Bava Metzia 12b
A woman's potential loss of rights to the nedunya for refusal to engage in sexual relations: Ketuvot 63b-64a
Nichsei Melog נכסי מלוג - Property that belongs exclusively to the wife during the marriage, but the husband may use their products
Nichsei melog are not shared with the husband. Upon divorce or the husband's death, the wife receives it back as is, regardless of its value. If the wife predeceases her husband, the husband inherits it.
Whether the husband is treated like a purchaser of her nichsei melog: Bava Metzia 35a
Whether someone may give something to a married woman on condition that she use it for herself: Kiddushin 24a
Rights of the husband to money invested in his wife's nichsei melog: Bava Metzia 39a
Rights of the husband to money invested in his wife's nichsei melog, if he married her when she was an orphaned minor, married off by her mother/brother: Bava Metzia 39a
Rabbinic institution in Usha permitting husband to repeal a wife's sale of nichsei melog, if he survives her: Ketuvot 50a; Bava Metzia 35a
Rights of the husband to the fruit of nichsei melog, after he begins planning to divorce her: Bava Metzia 19a
At what point the husband loses rights to eat the produce of his wife's nichsei melog: Gittin 17b, 18a
When a husband inherits nichsei tzon barzel from his wife
General issues in inheritance
A man who comes into money without effort, such as in inheriting from a spouse, should use some of it for a Mitzvah, such as acquiring a Torah or writing Tefillin, so that he will be able to retain the rest: Eruvin 64a-b
Support of a widow from a man's estate where he also leaves behind a daughter, the daughter marries, and then the daughter dies and her husband inherits her rights to the estate: Ketuvot 49b