On these groups, this new dowry commonly consisted of full panel provided towards the bridegroom for quite some time so that he might continue their talmudic knowledge free of economic worry. The brand new custom was called when you look at the Yiddish kest therefore the financial arrangements of one’s dowry was basically detailed inside a file called tena’im («stipulations»; «conditions») closed at the betrothal ceremony; tenoim shraybn comes from the definition of tena’im (come across Ket. 102a–b). Jews from inside the Muslim regions never ever accepted the latest custom off nedunyah, but continued the technique of mohar. The bucks that your groom gave to your bride’s dad, but not, was applied to invest in chairs and knick knacks with the freshly partnered pair. Into the modern Israel, the new Oriental techniques out of mohar, and the personalized away from nedunyah, often drop-off gradually. Additionally, within the divorce cases, when partners accept the material aspects before a good rabbinic court, the brand new court’s judgment, that is directed from the prices of halakhah, is actually legally binding. Societies to have providing dowries to own bad or orphaned girls was basically common (look for *Hakhnasat Kallah ).
From inside the Jewish Laws
Dowry otherwise nedunyah, appear to on the term neden, nedeh (i.e., provide – Ezek. and commentaries), form all possessions off almost any type introduced by spouse in order to new partner up on the wedding (Yad, Ishut, 16:step one and you can Maggid Mishneh thereto). In its minimal and you can common meaning, the phrase is intended to make reference to those people property of partner which she away from her own totally free usually entrusts to help you her husband’s duty, the same whereof this new partner regarding his or her own 100 % free tend to undertakes about *ketubbah , plus in a sum of cash given therein since nedunyah, to exchange so you’re able to their wife abreast of dissolution of its relationships (Maggid Mishneh, Ishut 16:1; Tur, EH 85; Sh. Ar., EH 66: 11a and you will 85:dos, Isserles’ gloss; 88:2). Particularly house is often referred to as nikhsei ?on barzel, becoming well known from a unique category of this new wife’s assets, entitled nikhsei melog (get a hold of lower than). It’s the routine towards the partner to take care of from the ketubbah to change so you’re able to their wife new dowry which have an enthusiastic increment (brand new tosefet nedunyah) of one 3rd otherwise 1 / 2 of count specified, susceptible to local customized. Both areas of the total amount may be specified to each other inside the a comprehensive contribution and this refers to the fresh new classic behavior; to that inclusive contribution is additional the sum of the ketubbah, since the repaired of the halakhah, and its own increments (come across *Ketubbah ), making sure that a total share try stated, but it’s stressed this particular contribution ‘s the aggregate out of every a lot more than-mentioned portion (Sh. Ar., EH , and you may Rema thereto). This new said responsibility of one’s spouse is actually managed in identical styles given that any kind of pecuniary obligation (Maggid Mishneh, Ishut sixteen:1).
NIKHSEI ZON BARZEL
(lit. «the house out-of metal sheep») try an expression based on title regarding a transaction in which people entrusts property to the specific terms to a different, the latter performing obligations therefor as he do to own metal, we.e., for get back of your own financial support worth of the property as the on the full time from his receipt thereof, even when it should suffer loss otherwise decline; given that, generally, small cattle was the niche matter of such as for instance purchases, they was given birth to described because of the significantly more than identity (BM 69b and you may Rashi thereto). Which making use of the word ?on barzel into the possessions of one’s partner, in order to denote that element of her assets provided out over their unique husband’s ownership but significantly less than his obligation, we.age., at the mercy of their creating to replace to their own the benefits thereof due to the fact repaired regarding the ketubbah through to dissolution of the wedding. It obligation of the spouse is ruled by the code one to any appreciation or decline about house is their, irrespective of one change it get experience, otherwise its losings (Tur and you will Sh. Ar., EH 85:2); as well, this obligations remains lingering despite people movement inside the currency thinking (since distinguished from the movement about property value the property) plus the partner remains responsible for the sum of the given on ketubbah due to the fact dowry comparable on the value into go out of your own marriage, but susceptible to calculation thereof in accordance with the regional laws prevailing at the time of their data recovery (Taz EH 66, letter. 6; Rema ?M 74:7; Resp. ?atam Sofer EH step one:126). Although not, if the during the healing, i.age., upon breakup or perhaps the husband’s dying (Sh. Ar., EH and you will Rema EH 93:1), the actual home is nevertheless around and you can fit for the purpose assigned to it during the marriage – usually the circumstances in respect off houses – the brand new wife are eligible to request the brand new go back thereof from inside the specie, as actually «the newest shine regarding her dad’s family» (shevah beit aviha), and none the latest spouse nor their heirs can also be compel their unique in order to deal with money instead (Sh. Ar., EH 88:3; Beit Shemu?el 88: n. 4; Taz 88, letter. 3).