Responsum: On the Rebellious Wife

This pertains to the following teaching: If a wife rebels against her husband, her marriage contract is reduced by seven dinars each week [m. Ketubbot 5:7]. [ . . . ] You wish to know the correct version of this first teaching, and whose opinion is accepted as the law.

I have examined it, and the mishnah should be read as follows: “If a wife rebels against her husband, it is reduced for her by seven dinars each week; R. Judah says: seven half-dinars.” [ . . . ] Thus, there is no difficulty here at all.

As for the law, this is the conclusion with regard to a rebellious wife. Even though R. Judah and our rabbis disputed this matter [b. Ketubbot 63b], our sages took another vote and decided that they should make public announcements about her [for four consecutive weeks, instead of deducting part of her marriage contract each week]. And Rami bar Abba said: The court sends people to her twice [once before and once after the announcements]. And R. Naḥman bar R. Ḥisda taught that the law is in accordance with our sages, and Rava said, in the name of R. Sheshet, that the law is that we consult her [see b. Ketubbot 63b].¹ Toward the end of the discussion, it is related that R. Zevid’s daughter-in-law rebelled against her husband, and it is written in the conclusion:

Now that it was not stated either in accordance with the opinion of this sage nor with that sage, if she seized [something from her property], we do not take it away from her, but if she did not seize it, we do not give it to her. And we delay her bill of divorce for a period of twelve months. [b. Ketubbot 64a]

However, she must be forewarned by the court, as stated in chapter four [see b. Sotah 25a].

That is the law, but our rabbis, the savoraim, who came after the instruction [see b. Bava Meẓi‘a], instituted that, in practice, even those items she seized should be taken away from her, and that she should be given a bill of divorce immediately, to prevent Jewish women from going astray. This is the practice followed by the people, and one should not depart from it. We take from a rebellious wife the main sum of her marriage contract and the additional amount, including even the one hundred or two hundred maneh [a coin]. However, as far as her dowry is concerned, she may take the dowry. Regarding the statement of R. Ayvu, in the name of R. Yannai, that the conditions of [i.e., any stipulations written into] a marriage contract are like [i.e., considered to be part of] the marriage contract itself [b. Ketubbot 54b, 104b], that refers to stipulations that actually appear in the marriage contract, as noted at the beginning of chapter four [see b. Ketubbot 54b–55a], whereas the dowry has nothing to do with the marriage contract at all.