[Avodah] support obligations

Micha Berger via Avodah avodah at lists.aishdas.org
Tue Apr 14 08:32:45 PDT 2015


On Tue, Apr 14, 2015 at 03:54:11AM +0000, Kenneth Miller via Avodah wrote:
: R' Micha Berger wrote:
: > Assuming she didn't agree to the arrangement. Ortherwise, the wife
: > willingly waved her claim to his income, and took on the obligation
: > of self- and child-support.

: I would argue that she accepted the financial responsibilities only
: in exchange for the s'char she gets from enabling her husband to learn
: Torah, and that once he ceases to be her husband, that arrangement ends,
: and the whole thing reverts to the usual. Phrased differently, once he
: stops giving her the s'char of sharing in his learning, he has to give
: her a more practical olam-hazeh sort of support.

We are in the weird situation of talking about what the bride was
agreeing to WRT a situation she never pictured arising.

(I am reminded of Avodah discussions about what the Rambam would do if
faced with what he perceives as a solid philosophical proof for a position
he could not find a basis for in Torah. Would he declare something an
allegory despite a lack of source in Chazal, would he dismiss the proof
as flawed, perhaps even assuming the flaw had to be something he didn't
yet find? The Rambam thought the situation was impossible.)

So, I want to detour into a case more likely to have crossed the
kallah's mind -- his death. If the husband predeceases her without
having left kollel, she wouldn't expect him to leave her the same
estate than if he had spent that time earning money.

It may be equally valid to argue that the bride relinquishes claims
to money even after he finishes learning, in exchange for supporting
him while learning -- however long that lasts.

I really don't know which way of looking at things is more valid.
It's kind of like the old chestnut, "But if you did have a brother,
would he like noodles?"

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 10th day, which is
micha at aishdas.org        1 week and 3 days in/toward the omer.
http://www.aishdas.org   Tifferes sheb'Gevurah: When does strict
Fax: (270) 514-1507                  judgment bring balance and harmony?



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