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Mishneh Torah, Marriage 21

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Sefer Nashim

21 β€Ž[1] A husband is entitled to [any ownerless objects] discovered by [his] wife, and the proceeds of her labor. What [type of work] must she perform on his behalf? Everything follows the custom of the country. In a place where it is customary for women to weave, she should weave. [In a place where they] embroider, she should embroider. [In a place where they] spin wool or flax, she should spin.

If it is not customary for women in that place to perform these labors, he may compel her only to spin wool; [wool, but not flax,] because flax damages [a woman's] mouth and lips. [This occupation is chosen because] spinning is a task designated for women, as [implied by Exodus 35:25]: "And all the skilled women put their hands to spinning...." β€Ž[2] If a woman exerts herself and produces more than would be expected of her, her husband is entitled to the extra amount.

Even when her husband is very wealthy and even when the woman has several maids, she may not sit idle, without work. For idleness leads to lewdness. [Her husband] may not, however, compel her to work for the entire day. Instead, according to the extent of his wealth, her obligation to work is minimized. β€Ž[3] When a man takes a vow that prevents his wife from doing any work at all, he is obligated to divorce her and pay her [the money due her by virtue of her] *ketubah*. [The rationale is that] idleness leads to lewdness.

Every wife is obligated [to perform the following household tasks] on behalf of her husband: to wash his face, feet and hands, to pour him beverages, to make his bed, and to do his bidding - e.g., to bring him water or a utensil, to remove an article from his presence, or to perform similar tasks. She is not, however, required to do the bidding of his father or his son. β€Ž[4] These tasks should be performed only by a man's wife alone. Even if she possesses several maids, these tasks are performed for a man only by his wife. β€Ž[5] There are other tasks that a woman performs for her husband when they are poor; they are: to bake bread in an oven - Ezra ordained that a woman get up early and bake bread so that there will be bread available to give the poor.

She should cook food, wash clothes, nurse her child, place straw before her husband's beast - but not before his cattle - and grind [flour].

What does grinding [flour] involve? [Not that the woman actually operates the mill herself,] but that she stays at the mill, sifts the flour and prods the animal [who turns the mill], so that [the operation of] the mill will not be hampered. If it is the [local] custom, for women to grind [flour] using a hand mill, [a woman] should grind [flour in this manner]. β€Ž[6] When does the above apply? With regard to a poor [couple]. If, however, a woman brings a maid to [the household] or property with which a maid could be purchased, or if the man possesses a maid or funds with which a maid could be purchased, the wife is not required to grind [flour], to bake, to do laundry or to place straw before her husband's beast.

If the wife brings two maids to [the household] or property with which two maids could be purchased, or if the man possesses two maids or is [wealthy] enough to purchase two maids, the wife is not required to cook or to nurse her child. Instead, she gives him to a maid to nurse. β€Ž[7] Thus, there are five tasks that every woman must perform on behalf of her husband: to spin [thread], to wash his face, hands and feet, to pour beverages for him, to make his bed and to do his bidding. And there are six tasks that some women perform and some women do not perform. They are: to grind [flour], to cook, to bake, to do laundry, to nurse, and to place straw before her husband's beast. β€Ž[8] All the tasks that a woman must perform on behalf of her husband must also be performed by a woman while she is in the *niddah* state, with the exception of pouring beverages, making his bed and washing his face, hands and feet. [The rationale for the exceptions is that] this is a decree, [enacted] lest [sexual] thoughts arise, and the husband be prompted to engage in relations.

Therefore, when she is in the *niddah* state, she should make his bed when he is not present. When pouring a beverage for him, she should not place it in his hand as is her usual practice, but rather leave it on the ground, on a utensil or on a table, and he will take it. β€Ž[9] When a woman breaks utensils while performing household tasks, she is not held liable. This ruling does not reflect the dictates of the law, but is instead an enactment [of our Sages]. For if this were not the case, there would never be peace in a household. For a woman would be overly cautious and would refrain from performing many tasks, and there would thus be strife between [the couple]. β€Ž[10] Whenever a woman refrains from performing any of the tasks that she is obligated to perform, she may be compelled to do so, even with a rod. When a husband complains that [his wife] does not perform [her required tasks], and [the wife] claims that she does, [the dispute should be clarified by having] a [neutral] woman dwell with them or [by asking] the neighbors. The judges should clarify the matter in the best way they see fit. β€Ž[11] During the time a woman nurses her child, she is not compelled to perform as many tasks [as usual], and wine and foods that are beneficial to nursing are added to her support.

If, despite the fact that she was allotted the foods appropriate for her, she desires to eat more or desires to eat other foods, because of the craving in her stomach, she is entitled to eat everything she desires [provided she pays for the additional food] from her own funds. The husband cannot prevent her, saying: "Perhaps she will overeat or eat harmful foods and the child will die." [The rationale is] that the physical pain the woman feels takes priority. β€Ž[12] When a woman bears twins, she cannot be compelled to nurse both of them. Instead, she is required to nurse one, while the husband is required to hire a nursemaid for the second child.

If a woman desires to nurse another woman's child together with her own, her husband may object and restrict her to nursing only her own child. β€Ž[13] Although a woman takes a vow not to nurse her child, she may be compelled to do so until the child - whether a boy or a girl - is 24 months old.

If a woman desires to nurse her child, but her husband objects, claiming that this will mar her beauty, she is given this prerogative, for it is painful for her to part from her child. [This law applies] even if she owns several maids. β€Ž[14] If she is poor and would thus be obligated to nurse her child, but her husband is rich, and it is appropriate that his wife not be obligated to nurse his child - if his wife does not desire to nurse, he must hire a nursemaid or buy a maid, even if he did not possess any maidservants beforehand. [The rationale is] that the woman's social standing rises together with that of her husband and does not descend with his. β€Ž[15] If a woman claims that [her husband] is of [a social standing that] requires him to hire or purchase a maid, and he claims that he is not, the burden of proof is on the woman. [The husband] is not [required] to take an oath. β€Ž[16] When a woman is divorced, she cannot be compelled to nurse [her child]. If she desires to nurse the child, [her ex-husband] must pay her a wage. If she does not desire [to nurse], she should give the son to his father, and he should care for him.

When does the above apply? When she did not nurse the child long enough for him to recognize her. If, however, [the child is able] to recognize his mother, even if [the child] is blind, he should not be separated from his mother because of the [possible] danger [the separation will cause] the child. Instead, the woman is compelled to nurse the child for a wage until he reaches the age of 24 months. β€Ž[17] [A husband] is not [obligated to] support his divorcee, even when she is nursing his child. In addition to the wage she receives [as a nursemaid], he must, however, provide her with those things that the child needs for clothing, food, drink, salves and the like. A woman who is pregnant is not entitled to any [payment] at all [from her ex-husband].

[The following rules apply after the 24] months have been completed, and the child has been weaned. If the divorcee desires that her son remain in her custody, he is not separated from her until he completes his sixth year [of life]. Instead, his father is compelled to provide him with his sustenance while he lives with his mother.

After the child completes his sixth year, the father has the right to say: "If [my son] is in my custody, I will support him. If, however, he continues to live with his mother, I will not give him anything."

A mother, by contrast, is given custody of her daughter forever, even after [she passes] the age of six. β€Ž[18] What is implied? If the father is [wealthy enough] to be obligated to give charity, the money necessary for his daughter's support should be expropriated from him and used to support the daughter, while she is in her mother's custody.

Even if the mother marries another [man], her daughter remains in her custody, and the father is obligated to provide for her sustenance until his death, as an act of charity. [Moreover, even if the girl's] father dies, she is entitled to receive her sustenance from his estate, as a provision of [her mother's] *ketubah*, although she remains in her mother's custody.

If a mother does not want her children - either males or females - to remain in her custody after she weans them, she has this prerogative, and she can give their father their custody, or make them wards of the community if there is no father, and [the community] must care for them.

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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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