Husband & Wife (General Rights & Duties)

From the Encyclopaedia Judaica 8:1120

A husband has ten obligations toward his wife (or her descendants) and four rights in respect of her, The obligations are:

  1. To provide her with sustenance or maintenance.
  2. To Supply her with clothing and lodging
  3. To cohabit with her
  4. To provide the Kethbbah (i.e. the sum fixed for the wife by law)
  5. To procure medical attention and care during her illness
  6. To ransom her if she be taken captive
  7. To provide suitable burial upon her death
  8. To provide support for her after his death and ensure her right to live in his house as long as she remains a widow
  9. To provide the support of the daughter of the marriage from his estate after his death until they become betrothed or reach the age of maturity
  10. To provide that the sons of the marriage shall inherit their mother’s Ketubbah in addition to their rightful portion of the estate of their father shared with his sons by other wives.

The husband’s rights are those entitling him:

  1. To the benefit of his wife’s handy work
  2. To her chance of gains or finds
  3. To the usufruct of her proppery
  4. To inherit her estate (Yad, Ishut 12:14, SH. Ar., EH 69:1-3)

These rights and duties both derive from the law and not from agreement between the parties: “a man, by marrying a woman, becomes obligated to her in ten matters and acquires rights against her in four matters, even if they have not been taken down in writing” (Yad, Ishut 12:5: Sh. Ar., EH 69:1) i.e., the said rights and duties devolve as a matter of law from the act of marriage, wheter or not a Ketubbah ded is written and “writing thereof does not detract.” (Resp. Ribash no. 480)

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