Responsa for Kiddushin 46:2
או דילמא אשה דאיהי מצי מקבלת גיטה שליח נמי מצי משויא עבד דאיהו לא מקבל גיטיה שליח נמי לא מצי משוי בתר דבעיא הדר פשטא לה לה מאשה כאשה
since he deduces 'lah', 'lah', from a [married] woman, he [the slave] is as a married woman:<span class="x" onmousemove="('comment',' And just as she can appoint an agent, so can he (or, so must he - v. preceding note) .');"><sup>3</sup></span> or perhaps, a woman, who can accept the divorce herself, can also appoint an agent; whereas a slave, who cannot accept his deed of emancipation himself, cannot<span class="x" onmousemove="('comment',' Or, need not.');"><sup>4</sup></span>
Teshuvot Maharam
Q. Within the first year of her marriage to A, L claimed that she detested him and could not live with him. Before their marriage, money had been given to L by her father, as a present, on condition that A never have a right to it. L, therefore, demanded this money and the accrued income thereof. On the other hand, L's father had promised a dowry to A but had postponed the date of delivery of such dowry, having expressed the fear that L might rebel against her husband within the first year of her marriage. A, therefore, demands the dowry from L's father.
A. Although no present can be given to a married woman on condition that her husband have no right thereto, such a present may be given to her during the period of betrothal and thereupon the husband will have no right to such present or the income thereof. Therefore, the present and the accrued income must be returned to L. This decision is effective only if L's dislike of A is deep and genuine and is not induced by anyone. The community must pronounce the ban (herem) against anyone holding information relative to this matter; and if it be discovered that someone has induced L to rebel against A, then the money may be withheld from her as a punishment until she repents. The court always has a right to punish one even unduly, if such punishment will help to check lawlessness and indecency. In this case the punishment of L will serve as a warning to other women. Moreover, should A desire to marry another woman, I believe that he should be permitted to throw a bill of divorcement to L even against her will, since she is the rebellious party. A, however, is not entitled to the dowry promised to him by L's father, since the latter had expressed his intention of giving such dowry only in the event that L and A lived happily together.
SOURCES: Am II, 48.
A. Although no present can be given to a married woman on condition that her husband have no right thereto, such a present may be given to her during the period of betrothal and thereupon the husband will have no right to such present or the income thereof. Therefore, the present and the accrued income must be returned to L. This decision is effective only if L's dislike of A is deep and genuine and is not induced by anyone. The community must pronounce the ban (herem) against anyone holding information relative to this matter; and if it be discovered that someone has induced L to rebel against A, then the money may be withheld from her as a punishment until she repents. The court always has a right to punish one even unduly, if such punishment will help to check lawlessness and indecency. In this case the punishment of L will serve as a warning to other women. Moreover, should A desire to marry another woman, I believe that he should be permitted to throw a bill of divorcement to L even against her will, since she is the rebellious party. A, however, is not entitled to the dowry promised to him by L's father, since the latter had expressed his intention of giving such dowry only in the event that L and A lived happily together.
SOURCES: Am II, 48.
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