Book of Rules

The Wife’s Property

The wife’s property which forms her dowry is added to that of her husband, as it is written: and it shall be added to the inheritance of the tribe (Numbers 36:3); therefore the wife’s property belongs to her husband, both during her lifetime and after her death. The husband has the right to repossess from the holders such part of the wife’s property as she has sold or given as a gift, while her husband was living. But he cannot sell any part of her property without her permission, since they are both partners in it, whereas he may sell or give away his own property to whomsoever he wishes.

As for money and property belonging to the wife and not recorded in her marriage contract as her dowry to her husband, the husband has the use of the income thereof, but the principal remains hers and she may give it away to whomsoever she chooses. At the time of their parting [i.e., through either divorce or death—Ed.] the husband need not repay such past income received, since it does not represent an obligation on his part. On the other hand, all that which represents an obligation on the husband’s part and is so recorded in her marriage contract is subject to his management only and must be repaid by him at the time of their parting. If the wife dies, the husband inherits both varieties of her property [that which is part of her dowry and that which is owned by her but is not part of the dowry—Ed.]. [ . . . ]

The wife may, however, give and spend without her husband’s permission as much of her property as might promote her husband’s honor and be generally commendable as charity, as it is written: And Abigail took two hundred loaves of bread and two skins of wine (1 Samuel 25:18)—all these she carried to King David, and he blessed her for this donation and accepted it from her, as it is written: Blessed be thou, and blessed be thy discretion (1 Samuel 25:33), and further: And David received of her hand that which she had brought for him (1 Samuel 25:35). And it is written also: And it came to pass one day that Elisha went over to Shunem, and there was there a great woman, and she prevailed upon him to partake of bread (2 Kings 4:8). The wife may not, however, make gifts or sales out of both kinds of such property without her husband’s permission. [ . . . ]

Marriage

[ . . . ] He who says, “I refuse to feed and support my wife,” must be compelled to divorce her and pay her the full amount of her marriage contract, as it is written: He shall not diminish her food, raiment, and cohabitation. And if he do not fulfill these three for her, she shall go free (Exodus 21:10–11).

If he weds her and is found to be incapable of cohabiting with her, the choice is up to her; if she is willing to go on living with him, she may do so; if she is not, she may demand her divorce on the basis of the biblical verse just quoted.

If he weds her and cohabits with her, but does not give her full support, he must divorce her and pay her the full amount of her marriage contract. [ . . . ]

A man is obligated to feed and provide for his sons and daughters; the sons, until they become proficient in the Law and in a profession, as it is written: I have nurtured and raised sons (Isaiah 1:2), nurtured signifying practical education, while raised means the teaching of morality; and the daughters, until they shall have been married to husbands, as it is written: and she shall return to the house of her father, as during her girlhood (Leviticus 22:13), and again: from his loaf she did eat (2 Samuel 12:3), showing that the unmarried daughter partakes of her father’s loaf of bread and drinks from his cup. A father is also obligated to provide for the marriage of his sons and daughters, as it is written: Take ye wives for your sons . . . and give ye your daughters to husbands for wives (Jeremiah 29:6).

He who says, “I refuse to feed and support either my wife or my sons and daughters, either during my lifetime or after my death,” has no legal standing whatever. [ . . . ]

Desertion

A woman whose husband has gone away and who hears a rumor that he has died and marries another man, but whose first husband subsequently returns safe and sound, becomes forbidden to both husbands, as it is written: after that she had become unclean, for it is an abomination in the sight of the Lord (Deuteronomy 24:4). In this case had become unclean applies to both men, and she must therefore be separated from both. Her first husband must give her a bill of divorcement, and she is free to marry other men. The second husband need do nothing, since his union with her was sheer adultery, inasmuch as betrothal, wedding, and consummation of marriage cannot apply to a woman already married. Even if she has married successively a hundred men, it is all null and void, being sheer adultery, since until she receives a bill of divorcement from her first husband she remains in his domain and is forbidden to anyone else.

Conclusion

Let there be abundant peace to all the Exiled, from me, Benjamin son of Moses—may his memory be blessed together with that of all the righteous. I, who am dust and ashes beneath the soles of your feet, have written this Book of Rules for you Karaites, so that you might pass judgments according to it upon your brethren and friends. For every rule I have indicated the pertinent verse of Scripture. As for other rules, which are observed and recorded by the Rabbanites and for which I could find no pertinent biblical verse, I have written them down also, so that you might observe them likewise if you so desire.