Shulchan Arukh Even HaEzer · Siman 99

Shulchan Arukh Even HaEzer 99 — English translation

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

1. 1A widow who comes to collect her ketuba money, we appraise all of her clothes, both weekday and Sabbath clothes, and subtract them from the ketuba. Rama: A chalutza (woman who underwent chalitza ceremony freeing her from the need to undergo levirate marriage) has the same rules as a widow (Beit Yosef in the name of Rivash chapter 302). Mechaber: But [in the case of] a divorcee who was divorced by her husband by his choice, without any claim [of wrongdoing by the wife] we do not appraise the weekday clothes, although we do appraise holiday and Sabbath clothes. Rama: They cannot force her to return the clothes in exchange for money (Beit Yosef in the name of Ritva), rather she takes them in exchange for their value (Responsa Rosh rule 80).
2. 2If one gives his wife a gift, even though he divorces her of his own volition, she is credited her gift. Rem"a: It seems that there is a mistake here, and it should properly be: even though he divorces her against her will, for example, if she was unfaithful to him, his gift nevertheless belongs to her. Similarly, a widow claims her gift as long is it is not clothing or jewelry that she uses to beautify herself. This is specifically if the husband made them [a gift] to her, but if others gave her jewelry at the time of the marriage, they intended it as a full-fledged gift, and they are considered like her milog assets (Beit Yosef citing Rivash no. 301).

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