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Laws of Religion

Laws of Judaism Concerning Women and Men

 

7.  Widows

from the Biblical Books of Moses (Torah),

the Code of Maimonides (Mishneh Torah)

and the Shulchan Aruch

 

 

Widows

From the Biblical Books of Moses (Torah)

 

The Lord declares that he is a mighty and awesome God who does justice for orphans and widows.[1] Anyone who denies justice to a widow, an orphan or a resident alien is cursed.[2] Anyone who afflicts a widow or orphan shall be killed by God’s sword, and his wives shall become widows and his children, orphans.[3] It is forbidden to take a widow’s garment in pledge. The Israelites are to leave behind in the field any sheaf forgotten during the harvest, any olives left after the tree is beaten and any grapes not gathered so that the widow, the orphan and the resident alien may take them for themselves.[4]

 

If two brothers live together and one of them dies, the surviving brother is to have sexual intercourse with his brother’s widow and take her as his wife. Their firstborn child shall bear the name of the dead brother so that his name shall not be wiped out. (Editor’s note: This is called “levirate marriage” or, in Hebrew, yibbum.) If the surviving brother does not want to marry his brother’s widow, she is to report that to the city elders. If they cannot convince him to marry her, then the widow shall, in the presence of the elders, pull off his sandal, spit in his face and say, “This is what is done to a man that will not build up his brother’s house.” From that time on, his family shall be known as “the house of him whose sandal was pulled off.” (Editor’s note: This is known as the ritual of halitzah.)

 

 

Widows

Jewish Law (Halakha) from the Code of Maimonides (Mishneh Torah)

 

The ketubah (marriage contract), which a man must write upon getting married, provides for payment of money to the woman in case of divorce or the death of the husband.[5] The minimum amount is 200 denar (zuz) (equivalent to 25 denar (zuz) of pure silver) for a virgin bride and 100 denar (zuz) (equivalent to 12-1/2 denar (zuz) of pure silver) if the bride is not a virgin. A zuz is the weight of 96 barleycorns.[6] The man may specify more than the minimum amount in the ketubah.[7]

 

If a man dies leaving behind more than one widow, the amount of the ketubah is paid in the order that they were married to the man; the first one married gets paid, then the second and so on. This is the procedure even if there is not enough to pay each wife the full amount.[8]

 

When a man dies, his heirs are required to support his widow until she collects the amount if her ketubah. The heirs may stop paying for her maintenance as soon as she makes the claim for the amount of her ketubah in court.[9] A widow must serve the children who are the heirs of her dead husband in the same ways she had been required to serve her husband except for pouring drinks for them, making their beds and washing their faces, hands and feet.[10]

 

A woman must wait 90 days after her the death of her husband to become betrothed or married to another man. This is in case she is pregnant, so that the identity of the father is known.[11]

 

Widows, like orphans, should be treated very gently, spoken to softly and never harshly. Their financial interests must always be placed above one's own.[12] A widow should not have a dog because it will cause people to suspect that she is having sexual intercourse with the animal.[13]

 

When a man without descendants dies, any woman who is married or betrothed to him is required by the Torah to marry his brother by the same father. Their firstborn child shall bear the name of the dead brother so that his name shall not be wiped out.[14] This is called levirate marriage (yibbum in Hebrew).[15] The woman and her deceased husband's brother are to go before judges who will advise them whether to have a levirate marriage or to be released from this requirement through the ceremony of halitzah. Halitzah might be better, for example, if one is young and the other is old.[16] Levirate marriage and halitzah are described in detail here.

 

 

Widows

Jewish Law (Halakha) from the Shulchan Aruch

 

A woman must wait 90 days after her the death of her husband to become betrothed or married to another man. This is in case she is pregnant, so that the identity of the father is known.[17]

 

The ketubah amount is collected by the wife after divorce or the death of her husband. If the husband added gifts to the ketubah amount, the wife collects the gifts while he is alive unless the local custom dictates otherwise.[18]

 

If a wife has violated Jewish law as it pertains to women then she does not receive any part of the amount of her ketubah. Such violations include feeding her husband food that was forbidden for eating, including giving him food not tithed, and telling him that it was permitted food; having sexual intercourse with her husband when she was menstruating without his knowing it;[19] or speaking with another man after her husband made her swear that she would not speak with that man and he warned her that she would lose her ketubah amount if she did.[20] If there are no witnesses or if the wife contradicts the witness by saying, for example, that the witness had taken out the tithe from the food or had declared that her stain was not from menstruation when the witness claims otherwise, then the woman is believed and does not forfeit the amount of her ketubah.[21]

 

Additionally, a woman has violated Jewish law as it pertains to women and loses her right to receive any of the amount of her ketubah by going out in a public place where there are many people without wearing a shawl like other women, even if her hair is covered by a kerchief; spinning yarn in the market with her arms showing or with a rose or similar ornament on her face like promiscuous non-Jewish women; flirting with men; asking for sex from her husband so loudly that neighbors hear her talking about sex; or cursing her father-in-law in front of her husband. This applies only when there are witnesses to her behavior and she was warned by her husband in advance.[22]

 

She also loses the full amount of her ketubah if she has committed adultery[23] but not if she was raped.[24]

 

If a man dies while married to several wives whom he married at different times, their ketubah payments are made in the order in which they were married if his wealth is insufficient to pay them all.[25] Even if they were married on the same day, if the time of signing is recorded on each ketubah, the payment is made in the same order as the signing.[26]

 

If the widows were all married to the man on the same day with no record of the time of signing of each ketubah and the amount specified in each ketubah is the same, each wife receives the same amount even if there is not enough money to pay the full amount specified. If the amounts specified in the ketubahs of the wives are different and there are insufficient funds to pay each wife even the lowest amount specified in any of the ketubahs, then the money is divided equally among the wives.  If the funds available are enough to pay each wife the amount written in the lowest ketubah, then the wife with that ketubah is paid in full and the remaining funds divided equally among the other wives. And so on.[27]

 

If a man gives all his property to his children and gives his wife a piece of land, no matter how small, or even just a palm tree or just the fruit of that tree, then his wife has lost most of her ketubah amount since she did not object to being part of this arrangement.[28]

 

When a man dies, those who inherit his property must provide food for his widow until she dies or remarries. If, instead, she claims the ketubah amount and they pay it to her, then they no longer have to provide her with food.[29]

 

If the man who died had many wives at the time of his death, the inheritors of his property must feed them all for as long as they are widows (remain unmarried), whether they became his wives all at the same time or at different times.[30]

 

In addition to food, a widow is entitled to receive clothing and living quarters from the heirs of her dead husband. She is also entitled to use the pillows, linens and male and female slaves that she used when her husband was alive.[31] Her husband's heirs must also pay her for nursing if she is breastfeeding[32] and pay her taxes.[33]

 

A widow who is receiving sustenance from her husband's heirs must turn over to them the proceeds of her labor, just as she had been obliged to turn them over to her husband.[34] She must also serve them as she had been obliged to serve her husband, though she need not mix their drinks, wash their face and hands and feet, or make their beds.[35]

 

When a man marries a widow, they should not have sex for the first time on Shabbat or on any holiday.[36]

 

Unless his wife is with him, a scholar of the Torah is forbidden to live in a courtyard where a widow lives because of the suspicion that this will raise.[37] A widow should not have a dog because it will cause people to suspect that she is having sexual intercourse with the animal.[38]

 

A judge is to hear a lawsuit case brought by an orphan before a case brought by a widow, a widow before a scholar, a scholar before one who is not educated, and a woman before a man.[39]

 

 

 

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Abbreviations used in footnotes:

Gen: The Biblical book of Genesis.

Exod: The Biblical book of Exodus.

Lev: The Biblical book of Leviticus.

Num: The Biblical Book of Numbers.

Deut: The Biblical Book of Deuteronomy.

 

MT:  The Mishneh Torah of Maimonides (Code of Maimonides). The names of the specific books and treatises within each book are given according to the Yale University Press translation and also the Moznaim/Touger Hebrew transliterations to facilitate locating the texts posted here.

F:  indicates page numbers in the Feldheim Publishers, Ltd., translation of Book 1 of the Mishneh Torah of Maimonides, the Book of Knowledge.

M:  indicates page numbers in the relevant volume of the Moznaim Publishing Corporation’s Touger translation. (Some of the books of Mishneh Torah are published in several volumes by Moznaim, so the Moznaim volume numbers do not correspond to the Book numbers of Maimonides’ work.)

Y:  indicates page numbers in the translation of the Yale University Press Judaica Series.

    

SA:  The Shulchan Aruch of Joseph Caro, with the comments of Moses Isserles noted, as appropriate. Our summaries are based on the Sefaria English translation, which is not yet complete. The four sections of the Shulchan Aruch are on Sefaria at the following links: Orach Chayim, Yoreh De'ah, Even HaEzer and Choshen Mishpat.

    

●  The sources cited are described on the page Source Texts Used for Laws of Judaism.



[1] Deut 10:17-18

[2] Deut 27:19

[3] Ex 22:22-24

[4] Deut 24:17-22

[5] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 10, sec 7 (pages 118M 63Y); Chapter 10, sec 10 (pages 124-126M 64-65Y); Chapter 16, sec 3 (pages 198M 99Y)

[6] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 10, sec 7 (pages 118M 63Y); Chapter 10, sec 9 (pages 118M 64Y)

[7] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 10, sec 7 (pages 118M 63Y)

[8] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 17, sec 1 (pages 216-218M 108Y)

[9] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 18, sec 1 (pages 230-232M 101Y)

[10] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 18, sec 7 (pages 234M 116Y)

[11] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 18 (pages 202-200M 244-245Y)

[12] MT Book 1, The Book of Knowledge, Sefer Madda; Treatise 2 De'ot Ethics, Chapter 6, sec 10 (pages 55b-56aF 132-136M)

[13] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 22, sec 16 (pages 276M 144Y)

[14] Deut 25:5-10

[15] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 1, sec 1 (pages 12M 265Y); sec 3 (pages 12M 265Y)

[16] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 4, sec 1 (pages 56M 283Y)

[17] SA, Even HaEzer 13:1

[18] SA, Even HaEzer 93:1

[19] SA, Even HaEzer 115:1

[20] SA, Even HaEzer 115:10

[21] SA, Even HaEzer 115:1

[22] SA, Even HaEzer 115:4

[23] SA, Even HaEzer 115:5

[24] SA, Even HaEzer 115:6

[25] SA, Even HaEzer 96:16

[26] SA, Even HaEzer 96:17

[27] SA, Even HaEzer 96:18

[28] SA, Even HaEzer 106:1

[29] SA, Even HaEzer 93:3

[30] SA, Even HaEzer 93:22

[31] SA, Even HaEzer 94:1

[32] SA, Even HaEzer 95:2

[33] SA, Even HaEzer 94:7

[34] SA, Even HaEzer 95:1

[35] SA, Even HaEzer 95:3

[36] SA, Orach Chayim 339:5

[37] SA, Even HaEzer 22:17

[38] SA, Even HaEzer 22:18

[39] SA, Choshen Mishpat 15:2