Kommentar zu Ketubot 6:1

מציאת האשה. וירושתה – if an inheritance fell to her,

Introduction This mishnah discusses a wife’s right to money that she receives in various ways while she is married.

he (i.e., her husband) enjoys the usufruct during her lifetime and the principal is hers.

A wife’s find and her handiwork belong to her husband. This halakhah was already learned above in 4:4.

ופגמה – damages for injury that she has [sustained], the diminution of monies that they assess concerning her – how beautiful she was to sell in the marketplace and how much she is worth currently.

And [concerning] her inheritance: He has the usufruct during her lifetime. If a woman receives an inheritance while she is married, the money is treated like certain portions of the dowry she brought into the wedding. This means that the husband cannot use the principle but he can use the interest that the principle accrues. The easiest way to calculate principle and interest is to consider a field. The field itself is the principle. The husband may not sell the field. However, the produce that is picked from the field is the “usufruct”, which is more literally translated as fruits. These belong to the husband.

ובזמן שבגלוי – for the shame is his and furthermore, she is repulsive to him and he suffers for her.

And [concerning] her inheritance: He has the usufruct during her lifetime. The mishnah now discusses two forms of compensation that the wife receives if injured: indignity and blemish. According to the first opinion, these belong to the wife, since she was the one who suffered the injury. However, Rabbi Judah ben Batera distinguishes between injuries inflicted on covered and uncovered parts of her body. If the injury was inflicted upon a covered part of her body, then most of the suffering was hers and she receives two-thirds of the compensation. However, if the injury was inflicted upon an uncovered part, then the husband is more embarrassed and blemished by his wife’s injury than she herself is. Therefore he receives two-thirds. [I realize that the conception of marriage presented by Rabbi Judah ben Batera is not a conception that many of us share.] The money that he receives due to her injury is immediately given to him. The money that she receives belongs in principle to her, and the usufruct belongs to him. Therefore the money is used to buy land and he can enjoy the fruit. Buying land in Mishnaic times was equivalent to our putting money in the bank. It was a way to ensure that the money did not lose its value for real estate was one of the only sure investments in the ancient world. The mishnah does not mention three other payments that an injured party receives: medical fees, loss of work and compensation for pain. The reason that these are not mentioned is that it is clear to whom they belong. Since the husband has a right to her handiwork and must pay for her rehabilitation, the first two payments belong to him. Since the pain is experienced solely by her, she alone receives the compensation for pain. The only question, therefore, was about embarrassment and blemish.

ילקח בהן קרקע והוא אוכל פירות – during her lifetime and he principal is her, when he dies or divorces her but if she dies, she inheris it, and the Halakha is according to Rabbi Yehuda.