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On Matrimonial Property in Jewish and Germanic Laws

On Matrimonial Property in Jewish and Germanic Laws ON MATRIMONIAL PROPERTY IN JEWISH AND GERMANIC LAWS by ZEEV W. FALK (Jerusalem, Israël) Community of Goods In Jewish as well as in Germanic law the groom used to give to the bride a certain amount during the marriage ceremony. This gift, included in the matrimonial contract, became a symbol of the wife's lawful status and if omitted, the wife was considered a mere concubine The Jewish nuptials had changed already during the second commonwealth from a cash-transaction to an insurance against widow- hood and divorce. After the payment being put off till the end of the marriage, the amount became easily standardized. Besides this obligation the matrimonial contract included the undertaking to restore the dowry. Sometimes another sum was voluntarily promised by the bridegroom as an increase to the standard marriage portion, and all these obligations were guaranteed by a general charge on the husband's property 2). The Germanic dower, too, was originally a gift of the husband to the wife at the nuptials. While sums of money or movables were mentioned in the earlier sources, this gift later on consisted quite often of realty. In the course of time a mere promise was given instead of the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit Brill

On Matrimonial Property in Jewish and Germanic Laws

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Publisher
Brill
Copyright
© 1958 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0040-7585
eISSN
1571-8190
DOI
10.1163/157181960X00057
Publisher site
See Article on Publisher Site

Abstract

ON MATRIMONIAL PROPERTY IN JEWISH AND GERMANIC LAWS by ZEEV W. FALK (Jerusalem, Israël) Community of Goods In Jewish as well as in Germanic law the groom used to give to the bride a certain amount during the marriage ceremony. This gift, included in the matrimonial contract, became a symbol of the wife's lawful status and if omitted, the wife was considered a mere concubine The Jewish nuptials had changed already during the second commonwealth from a cash-transaction to an insurance against widow- hood and divorce. After the payment being put off till the end of the marriage, the amount became easily standardized. Besides this obligation the matrimonial contract included the undertaking to restore the dowry. Sometimes another sum was voluntarily promised by the bridegroom as an increase to the standard marriage portion, and all these obligations were guaranteed by a general charge on the husband's property 2). The Germanic dower, too, was originally a gift of the husband to the wife at the nuptials. While sums of money or movables were mentioned in the earlier sources, this gift later on consisted quite often of realty. In the course of time a mere promise was given instead of the

Journal

The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill

Published: Jan 1, 1958

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