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Kesuvos Chapter 6, Mishnah 1: A Woman's Earnings and Damages

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Let us return to our Mishnah. The basic halachah on which this Mishnah rests is that in most cases the money a woman generates - even money that comes to her on account of damage done to her - belongs to her husband.

"Metzias ha'ishah uma'aseh yadeha - l'ba'alah":

Two matters are listed here: "metzias ha'ishah" - an object the woman finds which halachah permits her to keep, and "ma'aseh yadeha" - the work she produces. Both belong to her husband and pass into his possession.

"Yerushasah - hu ochel peiros b'chayeha":

Property that comes to her as an inheritance from elsewhere remains hers in principle, except that her husband consumes its produce during her lifetime: if it is real estate that generates income, or any other asset that yields produce, the benefit from it is his for all of her days. If she dies, he inherits her; but the ownership is hers, and therefore if they divorce she takes the property with her, while during her lifetime he is the one who enjoys the yield.

"Bashtah u'fgamah - shelah":

Someone who injured her and humiliated her owes her payment for the embarrassment he caused her ("bashtah"), and also for the decrease in her value because of the damage done to her body ("pgamah"). These payments belong to her. This is the opinion of the Tanna Kamma.

The opinion of Yehudah ben Beseira:

Yehudah ben Beseira holds that it depends on where the injury is located:

  • "Bizman shebaseser" - when the injury is not visible to the eye, because it is in a place covered by her clothing, the payment is divided between them: "lah shnei chalakim v'lo echad" - two thirds to her and one third to him, since he too bears a share of the matter during his lifetime.

  • "Bizman shebagalui" - when the injury is exposed and visible in public: "lo shnei chalakim v'lah echad" - two thirds to him and one third to her.

What is done with each of the portions:

  • "Shelo yinasen miyad" - the portion that goes to the husband is given to him immediately and is completely his, and she has no connection whatsoever to that sum.

  • "V'shelah yilakach bahen karka v'hu ochel peiros" - in the portion that goes to her he still retains a connection: this money is taken and land is purchased with it, and the husband consumes its produce - whatever the land yields in rent or in produce. She, however, remains the owner of the land, and if they divorce she takes it with her.

In summary: In this Mishnah we learned that a woman's find and the work of her hands belong to her husband; her inheritance is hers, but he consumes its produce during her lifetime; and the payments for embarrassment and blemish belong to her according to the Tanna Kamma, while according to Yehudah ben Beseira they are divided between them depending on whether the injury is in a concealed place or an exposed one. The husband's portion is given to him immediately, while with her portion land is purchased which she owns and whose produce he consumes.