Julian Ungar-Sargon

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Daf Ditty

A wide-ranging commentary on the daily page of Talmud.

Ketubot 47: תִּיקְּנוּ מָצוּי לְמָצוּי

jyungar August 22, 2022

For the source text click/tap here: Ketubot 47

To download, click/tap here: PDF

The Sages instituted a common obligation in exchange for a common right, and they instituted an uncommon obligation in exchange for an uncommon right. In other words, the Sages instituted a husband’s obligation to provide his wife with sustenance, which is relevant on a regular basis, in exchange for his right to her earnings, which also applies regularly. The other obligations and rights of a husband are relevant less frequently.

On our daf we learn that although many of these rights belong to the father based on interpretations of biblical passages by the Sages, in the relationship between husband and wife, many of the rights and responsibilities are related to each other. Thus, the wife’s earnings belong to her husband in exchange for his feeding her (mezonot), he must redeem her from captivity in exchange for the rights that he receives to derive benefit from her property (peirot), and he is obligated to ensure a proper burial in exchange for the dowry that she brings into the household (ketuba).

Once we understand this relationship, the logical conclusion is that upon agreement between husband and wife it is possible that these relationships can be broken, i.e. since the central concern of the Sages is to ensure that the wife is fed, a woman will be able to say eini nizonet ve-eini osa – I choose not to receive food from my husband, and I will keep my earnings for myself.

We explore the rights and obligations In Islam and Halachah as well as secular case law of contract law vs property law.

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Julian Ungar-Sargon

This is Julian Ungar-Sargon's personal website. It contains poems, essays, and podcasts for the spiritual seeker and interdisciplinary aficionado.​