Paradigm 3: Marriage as Financial Obligation

§ Rava said: This tanna, maintains that the obligation of sustenance is from Torah law, as it is taught in a baraita: “She’era”; this is sustenance, and it likewise states: “Who also eat the flesh [she’er] of my people” (Micah 3:3). “Kesuta” is understood in its literal sense as referring to clothing. “Onata”; this is her conjugal rights, which is stated in the Torah, and so it says: “If you shall afflict [te’aneh] my daughters” (Genesis 31:50) [teaching that deprivation of intercourse is afflicting one's spouse]. Rabbi Elazar says: “She’era”; this is her conjugal rights, and so it says: “None of you shall approach to any who is near [she’er] of kin to him, to uncover their nakedness” (Leviticus 18:6). “Kesuta” is understood in its literal sense as referring to clothing. “Onata”; this is sustenance, and so it says: “And He afflicted you [vayanekha], and made you suffer hunger, and fed you with manna” (Deuteronomy 8:3). Rabbi Eliezer ben Ya’akov says that she’era and kesuta should be interpreted as follows: In accordance with her flesh [she’era], i.e., her age, give her clothing [kesuta]. This means that he should not give the garments of a young girl to an elderly woman, nor those of an elderly woman to a young girl. Similarly, kesuta and onata are linked: In accordance with the time of year [onata], give her clothing [kesuta], meaning that he should not give new, heavy clothes in the summer, nor worn-out garments in the rainy season. Rav Yosef taught: “She’era,” this is referring to closeness of flesh during intercourse, which teaches that he should not treat her in the manner of Persians, who have conjugal relations in their clothes. This supports Rav Huna, as Rav Huna said: If someone says: I do not want to sleep with my wife unless I am in my clothes and she is in her clothes, he must divorce his wife and give her the payment for her ketubbah.

If a woman says: "I am not your dependent, but I will not work," she is given this option, and she cannot be compelled to work. If, however, her husband says: "I will not provide for your subsistence, and I will not receive the right to the fruits of your labor," he is not given this option, lest the woman be unable to earn her subsistence.