Ketubot 93: Dividing Inheritance

We learn two Mishnayot today.  The first teaches what should be done when a husband dies leaving three wives with ketubot of 100, 200 and 300 dinars, respectively.  If only 100 dinars are available to pay these wives, those 100 dinars are split equally among the wives.  If 200 dinars are available, we are to pay off the first wife and to pay the second and third wives according to the equivalent shares of their ketubot.  This Mishna compares this situation to that of those who invest in a shared purse; those who invest different sums to a business venture.  They are to receive money back equal to the percentage contributed.

The second Mishna considers a man who dies leaving four wives, each of whom has a ketuba worth 100 dinars more than the last wife. The Mishna looks to equalize these payments as much as possible.

The rabbis use a number of different mathematical formula to propose other possible solutions to these situations.  They raise related issues, like whether or not the ketubot were written at almost the same hour, and how much inheritance is left in the estate.

Again, our rabbis clearly value equity among these Jewish women.  They are concerned about what is fair and what is just along with what is halachically permissible.  The notion of comparing these particular situations to those of business partners who invest and lose or collect funds together is telling.  Ketubot are closer to business contracts than to anything else.  They are legal documents that can be used to better women's lives or to destroy those lives.

Thankfully our rabbis seem sensitive to the needs of widows in this regard.