In these groups, the dowry often contained full panel offered to your groom for quite some time to make sure that he might keep their talmudic knowledge free of economic proper care. The new personalized was titled in Yiddish kest therefore the monetary arrangements of your own dowry was basically in depth for the a document titled tena’im (“stipulations”; “conditions”) closed at the betrothal service; tenoim shraybn is derived from the word tena’im (select Ket. 102a–b). Jews from inside the Muslim nations never approved the brand new customized from nedunyah, however, continued the practice of mohar. The cash that the groom offered to your bride’s father, although not, was used to shop for seats and you can knick knacks to the recently partnered partners. Within the modern Israel, the fresh China means from mohar, and individualized regarding nedunyah, will disappear slowly. At the same time, in the divorce cases, whenever lovers settle the materials factors before a great rabbinic legal, the latest court’s wisdom, which is guided by standards regarding halakhah, was legitimately joining. Communities to possess taking dowries having poor or orphaned girls was indeed prevalent (look for *Hakhnasat Kallah ).
From inside the Jewish Legislation
Dowry or nedunyah, seem to on the word neden, nedeh (i.elizabeth., gift – Ezek. and commentaries), mode every property out-of whatever type brought by the spouse in order to this new husband up on the wedding (Yad, Ishut, 16:step one and you may Maggid Mishneh thereto). With its limited and you can prominent definition, the word is intended to reference those individuals property of your own wife hence she off her own free often entrusts so you’re able to her husband’s obligation, very same whereof the spouse from his very own free often undertakes on *ketubbah , as well as in an amount of cash given therein since nedunyah, to restore to his spouse upon dissolution of their relationship (Maggid Mishneh, Ishut sixteen:1; Tur, EH 85; Sh. Ar., EH 66: 11a and you may 85:dos, Isserles’ gloss; 88:2). Including home is also called nikhsei ?on barzel, as famous regarding an alternate sounding this new wife’s assets, named nikhsei melog (select lower than). This is the routine into husband to manage on ketubbah to replace so you’re able to his spouse the brand new dowry which have a keen increment (the brand new tosefet nedunyah) of 1 3rd or half of your matter specified, subject to local individualized. Both components of extent is generally specified to each other within the a comprehensive sum and this is the fresh conventional practice; to that particular comprehensive share is additional the entire ketubbah, as the repaired of the halakhah, and its particular increments (pick *Ketubbah ), making sure that a complete sum is mentioned, but it’s stressed that the share ‘s the aggregate from all of the above-mentioned section (Sh. Ar., EH , and you can Rema thereto). The brand new told you obligations of partner is handled in identical trend while the all other pecuniary obligations (Maggid Mishneh, Ishut sixteen:1).
NIKHSEI ZON BARZEL
(lighted. “the home out of metal sheep”) is actually an expression produced by title out of an exchange from inside the which people entrusts property with the specific conditions to another, the second doing duty therefor as he carry out getting iron, we.elizabeth., to have get back of your own capital value of the house or property once the at the the full time out of his acknowledgment thereof, in the event it has to endure losses otherwise depreciation; since, fundamentally, quick cattle try the subject matter of such as for instance deals, they came into this world revealed by the above identity (BM 69b and you will Rashi thereto). Hence the usage the definition of ?on barzel for the possessions of your own partner, to help you signify you to definitely part of her possessions offered off to their unique husband’s control but below their duty, i.elizabeth., susceptible to his creating to exchange so you can their particular the benefits thereof as fixed from the ketubbah on dissolution of your own relationship. So it duty of partner is actually governed because of the laws you to definitely one appreciate otherwise decline regarding home is their, despite any change it could possibly get proceed through, otherwise their loss (Tur and you can Sh. Ar., EH 85:2); concurrently, it duty stays lingering despite one movement inside the money philosophy (just like the recognized regarding movement on the worth of the property) as well as the spouse remains liable for the sum given on ketubbah since dowry similar at the its well worth on big date of relationship, however, at the mercy of formula thereof according to the regional rules prevailing during the time of their recovery (Taz EH 66, letter. 6; Rema ?M 74:7; Resp. ?atam Sofer EH step 1:126). Yet not, if the during the time of their recuperation, i.e., abreast of separation and divorce or the partner’s passing (Sh. Ar., EH and you may Rema EH 93:1), the actual property is nevertheless in existence and you may complement this new purpose assigned to they during the time of the wedding – generally the circumstances according from real property – the latest wife are entitled to request the latest come back thereof in specie, to be “the latest shine off their particular father’s household” (shevah beit aviha), and you can none this new partner nor his heirs is also compel their so you can undertake money as an alternative (Sh. Ar., EH 88:3; Beit Shemu?el 88: n. 4; Taz 88, n. 3).