<div dir="ltr">R' Chana Luntz wrote:<br><div class="gmail_extra"><br><div class="gmail_quote"><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
It is one thing for Beis Din to try and apply halachic principles, but when such halachic principles would involve uprooting concepts such as the Married Woman's Property Act, by deeming<br>
property that the state says is hers as his, I find it very difficult to<br>
believe that the state would uphold such an arbitration. Ie one can<br>
arbitrate over property that the state understands to be legitimately in<br>
dispute, but if the BD says her earnings belong to him and arbitrate based on such a principle, I think any secular court would just strike that arbitration down.<br></blockquote><div><br></div><div>Granted that there must be a dispute in order to have an arbitration, but I would think that there is an obvious argument to be made here: the husband has an equitable interest in her property, just as she has an interest in his. This is the basis for most divorce settlements, after all. In our case the heirs would argue that the husband accepted the particular halachic responsibilities of sustaining his wife with the understanding that he was to be compensated by being granted his halachic rights over her earnings; it would be inequitable to change the deal at this point.<br>
<br></div><div>Joe Slater<br><br></div></div></div></div>