PEH122

PEH122

32

According to a marriage contract, the dowry (100,000 florins in silver) of the wife, in the event of her dying childless, would revert to her relatives in four-fifths and remain with the husband in one-fifth. The wife made a will specifying that out of the portion reverting to her family, 40,000 florins (half) should be given to charitable foundations. Referring to the responsa of Rabbi Bezalel Ashkenazi (Responsa No. 11), Chija Cohen de Lara decides that the wife would have been entitled to freely dispose of the funds if her relatives could claim their share only based on the document established between the spouses. However, if there was also a contract between the father and daughter with the same conditions, then the dowry would be considered a gift granted on the condition of return, and the wife would have the right to use parts of the dowry at the expense of her heirs, but not to dispose of it. See 220.

1

122

1737-09-11

1738-02-21

Cohen

Cohen de Lara, Chija

AthiasD

Athias, David Israel