Overview
This chapter discusses:
- A husband waiving rights that Chazal granted him.
- Rights to property, fruits, and inheritance.
- Expenses invested in the wife’s property.
- Local dowry customs.
- Marriage financial commitments.
- Support obligations for stepchildren.
The central theme is:
Many of the husband’s financial rights can be waived by agreement, especially before marriage.
Halachah 1
If a husband wishes to waive rights in his wife’s property:
- Before marriage (while she is still an arusah), a written agreement is enough.
- After marriage, a formal kinyan is required.
Halachah 2
If he writes:
“I have no claim on your property.”
Then:
- She may sell or give away her property.
- Her transactions are valid.
- However, he still receives the fruits.
If he made a formal kinyan while she was an arusah:
He loses even his rights to the property itself and its fruits.
Halachah 3
If he waives only:
“The fruits of your property.”
Then:
- He no longer receives the fruits.
- But fruits that produce further profits are reinvested.
- He still receives later benefits unless explicitly waived.
Halachah 4
If he says:
“I waive fruits and fruits of fruits.”
He still receives later levels of profit unless he clearly says:
“Forever.”
Only then does he completely surrender all rights to fruits.
However:
He still inherits her if she dies.
Halachah 5
If he stipulates:
“I will not inherit you.”
The condition is valid.
Similarly:
- He may waive inheritance of particular assets.
- He may agree that assets return to her family if she dies childless.
Halachah 6
This works only if made:
Before marriage.
Because at that point the inheritance has not yet vested.
After marriage he can no longer waive inheritance through a simple condition.
Halachah 7
If after marriage he waives:
- Property rights
- Fruit rights
even forever,
he no longer receives fruits.
But:
He still inherits her when she dies.
Halachah 8
If a husband spent money improving his wife’s Nichsei Melug and later divorced her:
- If he benefited from the fruits, even minimally,
he cannot recover his expenses.
The rule is:
What he spent is spent; what he ate, he ate.
Halachah 9
If he spent money and never benefited:
The court evaluates:
- His expenses.
- The improvement to the property.
He receives reimbursement according to the halachic formulas established by Chazal.
Halachah 10
If the wife was a moredet (rebellious wife) and caused the breakup:
The husband receives a better reimbursement.
Since he did not invest intending for her to leave.
Similarly, special rules apply to a minor wife who performs mi’un.
Halachah 11
Different places have different customs regarding dowries.
Examples:
- Inflating the written value.
- Writing less than actual value.
- Matching actual value exactly.
- Husband contributing additional funds.
The Rambam records all these customs.
Halachah 12
Local custom governs.
A marriage entered without explicit terms automatically follows:
The accepted practice of that community.
The Rambam stresses:
Minhag HaMedinah is a major principle in these cases.
Halachah 13
If families agree during shidduchim:
- What the bride will bring.
- What the groom will contribute.
And then the couple becomes engaged,
the commitments become binding even without a formal kinyan.
These are called:
“Things acquired by speech.”
Halachah 14
This special rule applies mainly to:
- A father’s promises for his children.
- First marriages.
Because of a father’s strong desire to establish his children.
Other relatives require a formal kinyan.
Halachah 15
A father’s promised dowry is not acquired until the marriage actually takes place.
Therefore:
If the groom dies before the wedding and yibbum becomes possible,
the father may say:
“I agreed to give the dowry to the deceased groom, not to the yavam.”
Halachah 16
If the father promised dowry and later disappears or cannot pay:
The daughter may tell the groom:
“Either marry me without the dowry or divorce me.”
Because she never personally made the commitment.
However, if she herself promised the dowry:
She remains bound by her promise.
A minor who made such a promise is not bound.
Halachah 17
A man may obligate himself to support his wife’s daughter from a previous marriage.
If accepted at the time of kiddushin:
The obligation is binding.
Even if the wife later divorces and remarries:
The original husband remains responsible for the support he promised.
Halachah 18
If the daughter herself marries during the support period:
- Her husband supports her.
- The mother’s husbands who promised support still owe payment.
If the obligated husband dies:
The daughter may collect from his estate if the obligation was properly formalized.
Main Principles of Chapter 23
| Halachah | Summary |
| 1 | Rights may be waived before marriage more easily |
| 2 | Waiving rights in property allows the wife to sell freely |
| 3 | Waiving fruits removes fruit rights |
| 4 | Must explicitly waive fruits forever |
| 5 | Husband may waive inheritance before marriage |
| 6 | Inheritance waiver works only before marriage |
| 7 | After marriage he can waive fruits but not inheritance |
| 8 | Husband generally cannot recover expenses he invested if he benefited |
| 9 | If no benefit was received, reimbursement may be available |
| 10 | Different rules for a rebellious wife |
| 11 | Dowry customs vary by location |
| 12 | Local custom controls financial arrangements |
| 13 | Shidduch commitments can become binding by speech |
| 14 | Special rule mainly applies to fathers in first marriages |
| 15 | Dowry promises mature only upon marriage |
| 16 | Distinction between father’s promise and daughter’s promise |
| 17 | Husband may obligate himself to support a stepdaughter |
| 18 | Such support obligations can survive divorce and be collected from estates |
Chapter Theme
Chapter 23 is about voluntary financial arrangements in marriage. The Rambam explains how spouses can waive rights granted by Chazal, how local customs shape dowries, and how pre-marital promises become enforceable obligations. The chapter highlights the significant role of agreements and accepted practice within the halachic framework of marriage.