Protecting the women’s interests TB Ketubot 82

 We finished the eighth chapter of our massekhet with TB Ketubot 82 on the first day Rosh Hashanah 5783. At the very conclusion of this chapter we learn why the ketubah for a virgin is 200 dinars and for a previously married woman 100 dinars. In the case of death or divorce, the ketubah serves as an insurance policy or a divorce settlement so that the woman is not left high and dry without a means of support. All of the man’s property is mortgaged for the ketubah to give the woman peace of mind that the money will be there for her no matter what.

Although Judaism permits divorce, the rabbis believed that marriage was good for both men and women as the Torah says in Genesis “It is not good for man to be alone; I will make a fitting helper for him." (2:18) When the rabbis saw circumstances that prevented men from marrying women or saw how easy a husband could divorce his wife, they enacted ordinances to encourage and preserve a marriage.

“The Gemara discusses the background for the rule that the husband’s property is mortgaged for the marriage contract. Rav Yehuda said: At first they would write for a virgin two hundred dinars and for a widow one hundred dinars. They would then demand that this amount be available in cash, and then the men would grow old and would not marry women, as they did not all possess such large sums of money, until Shimon ben Shataḥ came and instituted an ordinance that a man need not place the money aside in practice. Rather, all of his property is guaranteed for her marriage contract.

“At first they would write for a virgin two hundred and for a widow one hundred dinars, and they would grow old and would not marry women, since the women were concerned that their marriage contract money would be wasted or lost, and they had no guarantee that it would be collected. The Sages therefore instituted an ordinance that they should place it, the sum of the marriage contract, in her father’s house, thereby ensuring its safekeeping. And still problems arose, as when he was angry at his wife, he would say to her: Go to your marriage contract, as it was too easy for them to divorce.

“Therefore, the Sages instituted an ordinance that they would place it in her father-in-law’s house, i.e., in her husband’s house. And wealthy women would craft their marriage contract money into baskets of silver and of gold, while poor ones would craft it into a large vessel for the collection of urine, as their marriage contract was large enough only for a small vessel.

“And still, when he was angry at her he would say to her: Take your marriage contract and leave, until Shimon ben Shataḥ came and instituted an ordinance that he does not actually give her the money for her marriage contract. Rather, he should write to her: All my property is guaranteed for her marriage contract, and it is not localized to a particular place or object. Consequently, he would need to sell some of his property if he wished to divorce her, and would therefore think carefully before undertaking such a drastic course of action.” (Sefaria.org translation)