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1) PRIVILEGES OF A FATHER IN HIS DAUGHTER

(a) He receives objects she finds, so there should not be ill will.
(b) (Rav Huna): We learn that a man receives his daughter's earnings from "When a man will sell his daughter to be a slave".

1. Just as a slave's earnings belong to her master, a girl's earnings belong to her father.

(c) Objection: This only applies to a minor, since he can sell her; perhaps a Na'arah, whom he cannot sell, keeps her earnings!
(d) Answer #1: Logically, he must receive them - if not, how did the Torah authorize him to send her to Chupah, and interrupt her work!

1. Objection (Rav Achai): Perhaps he compensates her for the lost work; or, he sends her to Chupah at night or on Shabbos or Yom Tov!

(e) Answer #2: The Hekesh (comparison to a slave) is not needed for a minor - since he can sell her, obviously he owns her earnings!

1. The Hekesh must teach about a Na'arah.

(f) He can annul her vows - we learn from "Being a Na'arah in her father's house".
(g) He can receive her document of divorce - "She will be divorced and engaged" - this equates divorce and engagement.

1. Just as he receives her engagement, he receives her divorce.

(h) (Beraisa): A father does not eat the produce of his daughter's property in her lifetime; R. Yosi Bar Yehudah says, he does.

1. The first Tana holds that Chachamim only enacted that a husband eat the produce of his wife's property - if not, he might not redeem her if she is captured.

i. This concern does not apply by a father (he would redeem her in any case).

2. R. Yosi Bar Yehudah says that the same concern applies by a father - he will resent that he has not benefited from her property.

(a) (Beraisa): A father wrote that he will send his daughter into marriage with fruit, clothing and vessels; if she dies, the husband does not receive them;
(b) R. Nasan says that he does.
(c) Suggestion: These Tana'im have the same dispute as R. Elazar Ben Azaryah and Chachamim.

1. (Mishnah): If she was widowed or divorced, whether from engagement or marriage, she collects the entire Kesuvah;
2. R. Elazar Ben Azaryah says, from marriage she collects the full Kesuvah; from engagement, she only collects the basic Kesuvah (100 or 200, for a non-virgin or virgin).

i. Anything above this was only written on condition that he marry her.

3. Chachamim of the Beraisa say that he does not receive the dowry, as R. Elazar Ben Azaryah; R. Nasan says that he receives it, as Chachamim of the Mishnah.

(d) Rejection: No, even R. Nasan holds as R. Elazar Ben Azaryah.

1. R. Elazar Ben Azaryah only said that the husband only pays when he marries her - but he could admit that her father gives even if they never come to marriage.

i. The father gives because the families become united, and this happens with engagement.

(a) (Beraisa): Chachamim enacted that a man feed his wife, to compensate for receiving her earnings;
(b) He must bury her, in exchange for inheriting her;
(c) Therefore, he eats the produce of her property.
(d) Objection: The Beraisa did not mention produce!
(e) Answer: The Beraisa really reads: Chachamim enacted that a man feed his wife, to compensate for receiving her earnings; he redeems her, in exchange for the produce of her property; he buries her, in exchange for inheriting her;
(f) Therefore, he eats the produce of her property.
(g) Question: Why does it say 'therefore'?
(h) Answer: One might have thought, he should not eat the fruit, rather it should be stored.

1. If so, when it does not suffice to redeem her, he might refrain from paying the difference.

(i) Question: Why not say oppositely (that he feeds her in exchange for her produce, and redeems her in exchange for her earnings)?
(j) Answer (Abaye): Chachamim enacted what is common in exchange for what is common, and what is rare in exchange for what is rare.
(k) (Rava): The following Tana holds that the Torah obligates a man to feed his wife.

1. (Beraisa): "Sheirah" - this is food, as it says "As my people ate";
2. "Kesusah" - is understood simply (clothing);
3. "Onasah" - Periods of marital relations, as it says, "If you will afflict my daughters";
4. R. Elazar says, "Sheirah" is - Periods of marital relations, as it says "A man will not have relations with his kin".
5. "Kesusah" - is understood simply;
6. "Onasah" - Food, as it says, "And He afflicted you and made you hungry".