WIFE'S PROPERTY ?
The three religions share an unshakeable belief in the importance of marriage and family life. They also agree on the leadership of the husband over the family. Nevertheless, blatant differences do exist among the three religions with respect to the limits of this leadership. The Judaeo-Christian tradition, unlike Islam, virtually extends the leadership of the husband into ownership of his wife.
The Jewish tradition regarding the husband's role towards his wife stems from the conception that he owns her as he owns his slave.
This conception has been the reason behind the double standard in the laws of adultery and behind the husband's ability to annul his wife's vows. This conception has also been responsible for denying the wife any control over her property or her earnings. As soon as a Jewish woman got married, she completely lost any control over her property and earnings to her husband. Jewish Rabbis asserted the husband's right to his wife's property as a corollary of his possession of her: "Since one has come into the possession of the woman does it not follow that he should come into the possession of her property too?", and "Since he has acquired the woman should he not acquire also her property?
" Thus, marriage caused the richest woman to become practically penniless. The Talmud describes the financial situation of a wife as follows:
"How can a woman have anything; whatever is hers belongs to her husband? What is his is his and what is hers is also his...... Her earnings and what she may find in the streets are also his. The household articles, even the crumbs of bread on the table, are his. Should she invite a guest to her house and feed him, she would be stealing from her husband..." (San. 71a, Git. 62a)The fact of the matter is that the property of a Jewish female was meant to attract suitors. A Jewish family would assign their daughter a share of her father's estate to be used as a dowry in case of marriage. It was this dowry that made Jewish daughters an unwelcome burden to their fathers. The father had to raise his daughter for years and then prepare for her marriage by providing a large dowry. Thus, a girl in a Jewish family was a liability and no asset.
This liability explains why the birth of a daughter was not celebrated with joy in the old Jewish society (see the "Shameful Daughters?" section). The dowry was the wedding gift presented to the groom under terms of tenancy. The husband would act as the practical owner of the dowry but he could not sell it. The bride would lose any control over the dowry at the moment of marriage.
Moreover, she was expected to work after marriage and all her earnings had to go to her husband in return for her maintenance which was his obligation. She could regain her property only in two cases: divorce or her husband's death. Should she die first, he would inherit her property. In the case of the husband's death, the wife could regain her pre-marital property but she was not entitled to inherit any share in her deceased husband's own property. It has to be added that the groom also had to present a marriage gift to his bride, yet again he was the practical owner of this gift as long as they were married..
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