Shulchan Arukh Even HaEzer · Siman 95

Shulchan Arukh Even HaEzer 95 — English translation

Translation: Sefaria Community Translation. Section numbers match the Hebrew text above.

1. 1Since the heirs are obligated in the widow's sustenance, her handiwork is theirs. If the heirs tell her "take your handiwork for your sustenance", we do not listen to them. But if she says so, we listen to her.
2. 2If she was breastfeeding, she can say "I am not breastfeeding except for pay". And she can immediately claim [the money listed in] her writ [of marital obligation], even though she may not [re]marry within twenty-four months.
3. 3A widow does for the heirs all labors that a wife does for her husband except mixing the cup, making the bed, and washing face, hands, and feet.
4. 4Her discovery and the fruits of her properties are for herself.
5. 5If she begrudged herself and left over of her sustenance, and likewise if she left over of her [clothing?], [it] all is for the heirs.
6. 6When the widow comes to court to claim her food costs, we do not make calculations regarding her labor until the heirs arrive to claim her labor. If they find she has fruits of her labor they take it, and if not they depart on their way. If the heirs are minors, court does calculate [the value of] her labor and allocates the value of her labor in the same manner that they allocate her food costs.
7. 7A widow receiving her board payments from the orphans, to whom her husband left real property and she increased its value, some say that they are entitled to all of the increase and she is not even entitled to take compensation for her investment. And some say that she is herself entitled to the increase. And some say that she is entitled to take compensation for her investment, but that her interest is subordinate. And if she is not receiving board payments from them, and her husband left her only such small assets that they are not sufficient for the ketubah payment she is owed, some say that if she said, "See what my husband left me, and I will improve its values for myself," and they were delinquent in collecting her ketubah payment, then even if the assets increased a thousand zuz the increase is all hers. But if the assets just increased on their own, she takes her ketubah payment and the remainder goes to the heirs. And some say, that whether she said "See" or she did not say it, all increase in value belongs to the heirs, and she may not even collect her ketubah entitlement from it, but rather she takes compensation for her investment and her interest is subordinate. Note: And this is the key point, that the increase belongs entirely to the heirs, and she cannot collect her ketubah or her board from that increase (in the Mordochai, chapter "One who dies); and so, too, a widow who dwells a long time in her husband's house and receives board payments from them so long that the principle left to her by her husband is certainly exhausted, even though there is abundant increase that she brought about, she may not claim her ketubah payment from it (Tur and Maharin paragraph 176). And some disagree, but whatever she claimed is deducted from the increased value and she is entitled to claim her ketubah payment against the principle and not against the increase (Maharil paragraph 86). And see above the Rema paragraph 100.

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