In these groups, the fresh new dowry commonly contained complete panel offered on groom for many years to ensure he might remain their talmudic degree without economic worry. The fresh personalized was entitled from inside the Yiddish kest plus the monetary arrangements of your dowry were outlined within the a file entitled tena’im (“stipulations”; “conditions”) finalized on betrothal ceremony; tenoim shraybn comes from the term tena’im (discover Ket. 102a–b). Jews during the Muslim countries never accepted the custom out-of nedunyah, but went on the technique of mohar. The money which the bridegroom provided for the bride’s father, although not, was utilized to acquire seats and household goods on freshly hitched pair. From inside the modern Israel, brand new Chinese language practices away from mohar, therefore the individualized out-of nedunyah, will disappear gradually. On top of that, when you look at the divorce cases, when couples settle the information presented elements before a rabbinic courtroom, the new court’s view, that is directed by values out-of halakhah, are lawfully joining. Communities to have getting dowries having bad or orphaned girls had been common (come across *Hakhnasat Kallah ).
From inside the Jewish Legislation
Dowry or nedunyah, apparently throughout the term neden, nedeh (we.elizabeth., gift – Ezek. and you may commentaries), mode all of the possessions away from any type delivered by the partner so you’re able to the newest husband up on its relationships (Yad, Ishut, 16:step 1 and Maggid Mishneh thereto). Within the restricted and common definition, the phrase is intended to consider those possessions of your Schweiz kvinnor wife and that she regarding her very own totally free tend to entrusts to help you their own partner’s obligation, very same whereof new spouse out-of his or her own 100 % free tend to undertakes throughout the *ketubbah , and in a sum of money given therein due to the fact nedunyah, to restore in order to his partner abreast of dissolution of their wedding (Maggid Mishneh, Ishut sixteen:1; Tur, EH 85; Sh. Ar., EH 66: 11a and 85:dos, Isserles’ polish; 88:2). Like house is also referred to as nikhsei ?on barzel, to be recognized off a different group of the newest wife’s property, titled nikhsei melog (come across below). It’s the behavior for the partner to handle throughout the ketubbah to replace in order to his spouse the fresh dowry that have an enthusiastic increment (brand new tosefet nedunyah) of a single 3rd or 1 / 2 of amount given, subject to local personalized. One another areas of the amount can be specified to one another inside the a comprehensive sum and this is the brand new vintage behavior; compared to that comprehensive share is added the total ketubbah, because the repaired of the halakhah, and its particular increments (get a hold of *Ketubbah ), to ensure that an overall total contribution try said, but it’s troubled that this share ‘s the aggregate away from most of the a lot more than-said portion (Sh. Ar., EH , and Rema thereto). Brand new said obligation of one’s partner was managed in the same manner once the various other pecuniary obligation (Maggid Mishneh, Ishut 16:1).
NIKHSEI ZON BARZEL
(illuminated. “the house or property off iron sheep”) try an expression derived from the name regarding a deal within the which one group entrusts assets on the specific terms and conditions to a different, aforementioned starting duty therefor when he perform to possess metal, we.elizabeth., to own get back of your investment worth of the house as the in the the time off their bill thereof, even though it has to sustain losses otherwise depreciation; since the, essentially, quick cattle is the topic case of such as for example purchases, they came to be revealed because of the a lot more than identity (BM 69b and you will Rashi thereto). And this the usage of the definition of ?on barzel towards the property of the spouse, so you can denote one element of their own possessions considering out over their unique partner’s control however, lower than their obligations, we.age., at the mercy of their doing to change in order to their particular the significance thereof as the repaired on ketubbah through to dissolution of one’s relationship. Which obligations of partner try ruled because of the code you to one prefer or decline in the home is his, no matter people change it could possibly get undergo, if not the losings (Tur and you may Sh. Ar., EH 85:2); as well, this duty stays lingering even after one motion within the money viewpoints (since distinguished in the action regarding property value the house or property) therefore the husband stays liable for the sum of given about ketubbah just like the dowry equivalent in the the worthy of with the date of the relationships, however, at the mercy of formula thereof according to the local laws prevalent during their recovery (Taz EH 66, n. 6; Rema ?M 74:7; Resp. ?atam Sofer EH step one:126). not, when the at the time of the data recovery, i.e., up on divorce proceedings or the partner’s demise (Sh. Ar., EH and you will Rema EH 93:1), the true house is nevertheless in existence and you can fit for the mission assigned to it during the marriage – generally the circumstances according off property – new wife is actually entitled to consult the fresh new return thereof in the specie, as actually “the fresh shine away from their own dad’s household” (shevah beit aviha), and you will neither this new partner neither his heirs is force her to help you accept currency alternatively (Sh. Ar., EH 88:3; Beit Shemu?el 88: n. 4; Taz 88, letter. 3).