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Mishneh Torah, Marriage 13

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Sefer Nashim

13 β€Ž[1] To what extent is he required to provide her with garments? Annually, he must purchase for her clothes that were worth 50 *zuz* in the coinage prevalent [in the Talmudic period], these being worth six and one fourth *dinarim* of pure silver.

He should provide her with new [garments] during the rainy season. After these garments become worn, she should wear them in the summer. Frayed garments - that which remains from her garments from the previous year - belong to her; she should wear them while she is in the *niddah* state.

She is granted a belt for her loins, a cap for her head and new shoes on each festival. β€Ž[2] When does the above apply? In [the Talmudic period,] and in *Eretz Yisrael*, but in other ages or in other countries, there is no fixed amount of money [determined for this purpose]. For there are some places where garments are very expensive, and others where they are inexpensive.

The fundamental principle is that he is obligated to provide her with appropriate clothes for the winter and the summer, the minimal that are worn by a married woman in that country. β€Ž[3] Included in the [obligation to provide her with] garments is the requirement to provide her with household goods and a dwelling place.

With which household goods is he obligated to provide her? With a bed and its spreads, a reed or woven rug to sit on, and utensils with which to eat and drink - e.g., a pot, a plate, a cup, a bottle and the like.

With regard to her dwelling? He must rent a dwelling at least four cubits by four cubits. It must have a yard outside for her use and a latrine [nearby]. β€Ž[4] Similarly, he is obligated to provide her with ornaments - e.g., colored cloths to wrap her head and forehead, eye-makeup, rouge and the like - so that she will not appear unattractive to him. β€Ž[5] When does the above apply? With regard to a poor Jewish man. Concerning a rich man, by contrast, all [of his obligations are judged] according to the extent of his wealth. If it would be appropriate for him to buy her silk and embroidered clothing and golden articles, he is compelled to provide her with these.

Similarly, the dwelling [he is required to give her] is judged according to his wealth, as are the ornaments and the household goods. If he does not have the means to provide her with the minimum required of a poor Jewish man, he is compelled to divorce her. The money due her by virtue of her *ketubah* is considered to be a debt that he is required to pay when he gains the means. β€Ž[6] [A man] is obligated to provide the necessary clothing, dwelling and household goods, not only for his wife, but also for his sons and daughters who are six years old or less. He is not, however, required to provide for them according to his wealth; all that is necessary is that he provide for their needs.

This is the governing principle: whenever a husband [or his estate] is required to provide for a person's subsistence - whether the husband is alive or deceased - the husband [or his estate] is also obligated to provide for the person's clothing, household goods and dwelling. Whenever a court must sell [a person's property] to provide for [a dependent's] subsistence, they also sell [his property] to provide [the dependent] with clothing, household goods and a dwelling. β€Ž[7] When a woman's husband has departed on a journey, and the court allots [money from his property] for her subsistence, her clothes, her household goods and the renting of a dwelling, they do not allot her money for ornaments. For she does not have a husband [present] for whom to make herself attractive. If, by contrast, a woman's husband loses his mental faculties or becomes a deaf mute, she is granted an allotment for ornaments.

The laws that apply to the claims and counterclaims between a woman and her husband with regard to garments, clothing and the rental of a dwelling [in the event of the husband's departure on an extended journey] are the same as those that apply with regard to her subsistence. If he claims to have provided for her and she denies [his claim], the same rulings apply to all claims. β€Ž[8] [The following rules apply if a husband] takes a vow that prevents his wife from wearing any type of ornament. If the couple are poor, they may remain married for a year while the vow is in effect. If [it remains in effect] for a longer period, he must either absolve himself of the vow, or divorce [his wife] and pay her [the money due her by virtue of her] *ketubah*.

If the couple are wealthy, they may remain married for a month while the vow is in effect. If [it remains in effect] for a longer period, he must either absolve himself of the vow or divorce [his wife] and pay her [the money due her by virtue of her] *ketubah*. β€Ž[9] [The following rules apply if a husband] takes a vow that prevents his wife from going to the bathhouse. [The couple may remain married for only] one week in a large city and two weeks in a village [if the vow remains in effect]. If he takes a vow that prevents his wife from wearing shoes [the couple may remain married for only] three days in a village and one day in a large city. If [the vow remains in effect] for a longer period, he must either absolve himself of the vow or divorce [his wife] and pay her [the money due her by virtue of her] *ketubah*. β€Ž[10] If [a husband] takes a vow that prevents his wife from borrowing or lending household goods that are frequently lent and borrowed between neighbors - e.g., a sifter, a sieve, a mill, an oven or the like - he must either absolve himself of the vow, or divorce [his wife] and pay her [the money due her by virtue of her] *ketubah*. [The rationale is that his vow] causes her to have a bad reputation among her neighbors.

Similarly, if she takes an oath not to borrow or lend [neighbors] a sifter, a sieve, a mill, an oven or the like, or not to weave attractive garments for her sons in places where it is customary to do so, he may divorce her without paying her [the money due her by virtue of her] *ketubah*. [The rationale is that her vow] causes him to have a reputation as a miser among his neighbors. β€Ž[11] In a place where it is customary for a woman not to go out to the market place wearing merely a cap on her head, but also a veil that covers her entire body like a cloak, her husband must provide at least the least expensive type of veil for her. If he is wealthy, [he must provide her with a veil whose quality] is commensurate with his wealth.

[He must give her this veil] so that she can visit her father's home, a house of mourning or a wedding celebration. For every woman should be given the opportunity to visit her father and to go to a house of mourning or a wedding celebration as an expression of kindness to her friends and relatives, for [this will have a reciprocal effect], and they will return the visits. For a woman [at home] is not confined in a jail, from which she cannot come and go.

Nevertheless, it is uncouth for a woman always to leave home - this time to go out and another time to go on the street. Indeed, a husband should prevent a wife from doing this and not allow her to go out more than once or twice a month, as is necessary. For there is nothing more attractive for a woman than to sit in the corner of her home, as [implied by Psalms 45:14]: "All the glory of the king's daughter is within." β€Ž[12] [The following rules apply when a husband] takes a vow that prevents his wife from going to her father's home. If he lives in the same city, [the husband] is granted a respite of one month. [If he desires to maintain his vow at the beginning of] the second month, he must divorce [his wife] and pay her [the money due her by virtue of her] *ketubah*. If [the wife's father lives] in another city, [the husband] is granted respite until the first festival. [If he desires to maintain his vow until] the second [festival], he must divorce [his wife] and pay her [the money due her by virtue of her] *ketubah*. β€Ž[13] [The following rules apply when a husband] takes a vow that prevents his wife from going to a house of mourning or to wedding celebrations. He must either absolve himself of the vow or divorce [his wife] and pay her [the money due her by virtue of her] *ketubah*. For this is like placing her in jail and locking her in.

If [the husband] claims: "[I forbade her from going] because of indecent people who were present at that house of mourning or wedding," and it was discovered that indeed, indecent people were present, he is given the prerogative [of making that vow]. β€Ž[14] When a person tells his wife, "I do not desire that your father, your mother, your brothers and your sisters come into my domain," he is given that prerogative. Instead, she should visit them when an [unusual] event occurs to them. And she should visit her father's house once a month and on each festival. They, by contrast, should visit her only when an unusual event of great import occurs - e.g., sickness or birth. For a person should not be forced to have others enter his domain.

Similarly, if [the wife] says: "I do not want your mother and your sisters to visit, nor will I live together with them in one courtyard, because they cause me difficulties and distress," she is given that prerogative. For a person should not be forced to have others dwell with him in his domain. β€Ž[15] When a husband says: "I will not dwell in this home, because there are wicked or indecent people or gentiles in this neighborhood, and I fear them," he is given that prerogative. This applies even if it has not been established that there are indecent people living there. For our Sages ordained: "Keep away from a bad neighbor." Even if the dwelling belongs to the woman, she is forced to leave it, and they should establish their dwelling among worthy people.

The same law applies if the woman makes such a demand. Although [the husband] says, "I do not object to them," her will is followed. [The rationale is that] she can say, "I do not want to get a bad reputation in these neighborhoods." β€Ž[16] All of the earth is divided into different lands - e.g., the Land of Canaan, the Land of Egypt, the Land of Yemen, the Land of Ethiopia, the Land of Babylonia and the like. Every land is subdivided into large cities and villages. With regard to the subject of marriage, the cities of *Eretz Yisrael* are considered to be divided into three different lands: Judea, Transjordan and the Galilee. β€Ž[17] When a man from one of these lands marries a woman in another land, she is compelled to follow him to his land, or to accept a divorce without receiving [the money due her by virtue of her] *ketubah*. [The rationale is that,] although it was not specifically stated, [it can be assumed] that he married her on this condition.

When, however, a person marries a woman in a particular land and he is from that land, he does not have the right to [compel] her to move to another land. He may, nevertheless, [compel] her to move from city to city and from village to village within that land.

He may not, however, [compel] her to move from a city to a village, or from a village to a city. For there are certain advantages to living in a city, and other advantages to living in a village. β€Ž[18] When he [compels] her to move from one city to another, or from one village to another within a particular land, he may not compel her to move from pleasant surroundings to unpleasant surroundings, nor from unpleasant [surroundings] to pleasant ones. [Although the latter move would seemingly be to her benefit, she still must consent,] because she must care for and check herself in the pleasant surroundings, so that she will not be considered inferior and unattractive.

Similarly, [her husband] may not [compel] her to move from an area inhabited primarily by Jews to an area inhabited primarily by gentiles. Wherever [the couple lives], they should move from an area inhabited primarily by gentiles to an area inhabited primarily by Jews. β€Ž[19] When does the above apply? When moving from one place in the diaspora to another, or from one place in *Eretz Yisrael* to another. But if [the husband desires to move] from the diaspora to *Eretz Yisrael*, the woman should be compelled to move. [This applies even when moving involves leaving] pleasant surroundings for unpleasant ones. Even [when it is necessary to leave] an area inhabited primarily by Jews for an area inhabited primarily by gentiles, one should [move to *Eretz Yisrael*].

One should not leave *Eretz Yisrael* for the diaspora, even if the move enables one to relocate from unpleasant [surroundings] to pleasant ones, and even when it enables one to move from an area inhabited primarily by gentiles to an area inhabited primarily by Jews. β€Ž[20] When a husband desires to move to *Eretz Yisrael* and [his wife] does not desire to do so, he may divorce her without paying her [the money due her by virtue of her] *ketubah*. If she desires to move [to *Eretz Yisrael*] and he does not desire to do so, he must divorce her and pay her [the money due her by virtue of her] *ketubah*.

The same laws apply with regard to moving from other places in *Eretz Yisrael* to Jerusalem. [Just as] everyone should move to *Eretz Yisrael*, and no one should leave there, [so too,] everyone should move to Jerusalem, and no one should leave there.

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Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007

Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI

License: CC-BY-NC

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