Responsa for Bava Metzia 208:2
ר' יוסי היה דורש לשון הדיוט דתניא רבי יוסי אומר מקום שנהגו לעשות כתובה מלוה גובה מלוה לכפול גובה מחצה
R. Jose interpreted common terms. For it has been taught: R. Jose said: Where it is the practice to treat the <i>kethubah</i> as an ordinary debt,<span class="x" onmousemove="('comment',' I.e., if a woman is widowed, she is empowered to sue for her marriage settlement, part of which had formed in the first place the dowry given to her husband by her father or family, just as for an ordinary debt. ');"><sup>2</sup></span>
Teshuvot Maharam
Q. A rebellious wife who refuses to live with her husband admits that she has never allowed her husband to come near her. What should be done to her?
A. Since the women of our generation are loose in their manner of life, we do not permit the husband to remarry while she is forced to remain single till old age, which procedure was recommended by R. Eleazar b. Nathan, and we do not require a waiting period of twelve months till the divorce be granted. Therefore, the elders of the community should endeavor to persuade both parties to a speedy divorce without resorting to coercion of either party. Upon the granting of the divorce the woman should receive only what she actually brought in as dowry, but not the full fifty pounds of dowry written in her ketubah; for when the husband received her dowry and evaluated it at fifty pounds, though actually it was worth less, he did so because he wanted to marry her and live with her. Now that she refuses to live with him she loses the extra value placed on her dowry, the additional jointure promised her by the husband, as well as the 200 zuzin prescribed by the Talmud. Though in this country the same amount of dowry is written in the ketubah of a rich as in that of a poor bride, irrespective of the amount she actually brings in, in order not to shame the brides who bring in a small dowry, this rebellious wife is not entitled to collect the full amount of dowry written in her ketubah, since she never lived with her husband.
SOURCES: Pr. 442–443.
A. Since the women of our generation are loose in their manner of life, we do not permit the husband to remarry while she is forced to remain single till old age, which procedure was recommended by R. Eleazar b. Nathan, and we do not require a waiting period of twelve months till the divorce be granted. Therefore, the elders of the community should endeavor to persuade both parties to a speedy divorce without resorting to coercion of either party. Upon the granting of the divorce the woman should receive only what she actually brought in as dowry, but not the full fifty pounds of dowry written in her ketubah; for when the husband received her dowry and evaluated it at fifty pounds, though actually it was worth less, he did so because he wanted to marry her and live with her. Now that she refuses to live with him she loses the extra value placed on her dowry, the additional jointure promised her by the husband, as well as the 200 zuzin prescribed by the Talmud. Though in this country the same amount of dowry is written in the ketubah of a rich as in that of a poor bride, irrespective of the amount she actually brings in, in order not to shame the brides who bring in a small dowry, this rebellious wife is not entitled to collect the full amount of dowry written in her ketubah, since she never lived with her husband.
SOURCES: Pr. 442–443.
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