The Rights and Obligations of a Husband

m. Ketubbot 4:4

70–220

A father has authority over his daughter in her betrothal [whether it was effected] by money, document, or intercourse. He is entitled to anything she finds, to her handiwork, and to annul her vows. He receives her get [divorce document], but he has no usufruct [from her property] during her lifetime. When she marries, the husband surpasses him [in his rights] in that he has usufruct during her lifetime. And he is obligated to feed her, to pay a ransom for her, and to provide for her burial. R. Judah says: Even the poorest man in Israel must provide no less than two flutes and one lamenting woman.

Adapted from the translation ofJoshua Kulp.

Published in: The Posen Library of Jewish Culture and Civilization, vol. 2: Emerging Judaism.

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This mishnah examines the rights of a father over his minor daughter in comparison with the rights of a husband over his wife. The father’s rights apply only as long as the daughter is a minor (under twelve years and one day old), after which pecuniary rights revert to her. Neither the father nor the husband has proprietary rights over land that she owns separately. The husband, however, has usufruct rights over the land. Because he is responsible for her sustenance and support, the rabbis understood this right over the fruits of her property as dispelling any potential sense of resentment he might have over her holdings.

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