daf bit: Ketuvot 47
Oct. 18th, 2007 09:24 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
cellioThe rabbis describe the priveleges and responsibilities of a father
and his unmarried daughter. A father can anul her vows and is
entitled to the wages of her handiwork, like a husband, but he
may not control property the daughter receives from her mother.
A husband, on the other hand, has access to this property. Why the
difference? If she owns the property and needs to be ransomed,
the husband might say "then let her ransom herself" instead of
fulfilling his obligation to do so. However, the rabbis say,
no father would ever say that; he would ransom his daughter with
his own money regardless of what assets she has. (47a)
The gemara does not here address the question of how the daughter's mother, who is after all her father's wife, can own that proprerty in order to pass it on to her daughter. Perhaps this is more of a "joint access" thing than full control by the husband -- something like a joint checking account where either can distribute funds (but once they're gone they're gone)?
(no subject)
Date: 2007-10-19 03:15 am (UTC)Additionally, those rights are only by default - variations can be written into the ketuba both for categories (e.g. all that the wife earns) and for individual items (e.g. the field gifted to her by friend/relative X, which would answer how a woman could own property to pass on to her daughter, who could then have it written into the ketubah that it stays fully "hers" so she can pass it on, etc). I haven't learned most of the gemara on this topic, but the mishna in nashim (which I learned b'chevruta within the past year or so) is very full of details.
Similarly with vows, there are some types of vows a father/husband may annul and some he can't.