cellio: (talmud)
[personal profile] cellio
If a man divorces his wife he is required to pay her ketubah. In order to ensure that he can, the rabbis require him to set aside property to cover this possible debt. Today's daf discusses the case of levirate marriage: if a man dies before his wife has had a child, the torah calls for his brother to marry her to continue the family line. When that happens, the rabbis ask, who owes her ketubah -- the new husband, or the first husband's estate? The rabbis say the first husband's estate, because the second husband did not choose to marry her ("heaven provided his wife"), but if she is unable to collect, the second husband is liable, to make it hard for him to divorce her. (82b)

(Yes, they can get out of this marriage. I wonder how much levirate marriage ever happened, or happens.)

(no subject)

Date: 2007-11-23 07:29 pm (UTC)
From: [identity profile] chaos-wrangler.livejournal.com
Nope: the law only applies to brothers, and only if the deceased brother died without any children. Besides, originally multiple wives were fine, so it didn't matter if the brothers were married or not.

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