Ketubah 12:3
What advice does the Talmud offer for estate skirmishes?
讗诇诪谞讛 砖讗诪专讛 讗讬 讗驻砖讬 诇讝讜讝 诪讘讬转 讘注诇讬, 讗讬谉 讛讬讜专砖讬谉 讬讻讜诇讬谉 诇讜诪专 诇讛 诇讻讬 诇讘讬转 讗讘讬讱 讜讗谞讜 讝谞讬谉 讗讜转讱, 讗诇讗 讝谞讬谉 讗讜转讛 讘讘讬转 讘注诇讛 讜谞讜转谞讬谉 诇讛 诪讚讜专 诇驻讬 讻讘讜讚讛. 讗诪专讛 讗讬 讗驻砖讬 诇讝讜讝 诪讘讬转 讗讘讗, 讬讻讜诇讬诐 讛讬讜专砖讬诐 诇讜诪专 诇讛 讗诐 讗转 讗爪诇谞讜 讬砖 诇讬讱 诪讝讜谞讜转, 讜讗诐 讗讬谉 讗转 讗爪诇谞讜 讗讬谉 诇讬讱 诪讝讜谞讜转. 讗诐 讛讬转讛 讟讜注谞转 诪驻谞讬 砖讛讬讗 讬诇讚讛 讜讛谉 讬诇讚讬诐, 讝谞讬谉 讗讜转讛 讜讛讬讗 讘讘讬转 讗讘讬讛.
If a widow declared, “I don鈥檛 want to leave my husband鈥檚 house,” then the heirs [i.e., his children from another marriage] are not permitted to tell her, “go back to your father鈥檚 home, and we鈥檒l send your food stipend there.” Rather, they must feed her in her husband鈥檚 house and give her dignified accommodations. If she declared, “I don鈥檛 want to leave [my] father鈥檚 house,” the heirs may say, “if you live with us then you will receive your food, but if you don鈥檛 live with us, then you don鈥檛 get food.” However, if she claimed that the reason she didn鈥檛 want to live with them was because they [the heirs and the widow] were all young, then they must feed her even though she lives in her father鈥檚 home.
Comments
Ketubbot refers primarily to the marriage agreement which obligates a man or his heirs to provide certain benefits to the woman during the marriage and other benefits following a divorce or the death of the husband. A widow is entitled to a food stipend so long as she has not received her husband鈥檚 death benefit. In return, she is expected to work for the household of his heirs. But what if she demands the stipend while refusing to live with them? Or what if they are willing to pay the stipend, but can鈥檛 stand having their stepmother live with them?
Questions
- Does it seem that the Sages are more concerned with the rights of the widow, or those of the orphans?
- What is the sensitivity in case three? Would it be proper for a young widow to live with the orphaned sons?
- Does American law have any principles that would inform the negotiation of rights and obligations among surviving relatives who are unrelated to one another when one of them is charged with executing the estate?
