Inheritances are serious business and no parents want their children to squabble about their yerusha.

Our Gemara on Amud Beis discusses the institution of Kesubas Benin Dichrin, which is a rabbinic enactment designed to protect the mother’s familial assets.  The rabbis established a rule that the woman’s kesuba and accompanying Nedunya (dowry) shall go to her sons, and not any step brothers should the husband remarry.  There are a number of familial and psychological considerations that are behind this takana. 

The typical scenario of  Kesubas Benin Dichrin goes as follows:

1. Yaakov marries Rachel, and she has a kesuba and nedunya of $1,000 zuz
2. Rachel dies
3. Yaakov marries another woman, Leah, and she has  a kesuba and nedunya of $500 zuz

Upon Yaakov’s demise, according to Torah law of inheritance, his sons from both Rachel and Leah should divide his estate equally, since they all sins of Yaakov, which would then include the original dowries of Rachel and Leah.  The rabbis were concerned that this would act as a disincentive for the bride's father to properly provide a dowry, as you can see in our scenario. Rachel’s father might feel duped, as his step-grandchildren will inherit a part of his generous dowry that he meant for his daughter, and his son-in-law, but certainly not sons from another marriage. Leah’s father gave a smaller dowry, and his grandchildren are now taking a portion of Rachel’s father’s gift, which have become a part of Yaakov’s estate.  

Thus, the rabbis made a new rule, partially contravening the Torah rules of inheritance. Before the rest of Yaakov’s estate is divided equally amongst his sons from both wives, the sons of Rachel and the sons of Leah each take their mother’s kesuba.  Therefore, Rachel’s sons get 1,000 zuz and Leah’s sons get 500 zuz.  Since the rabbis were contravening the laws of inheritance, they wanted to show some respect to the original Torah standard.  They only allowed the Kesubas Benin Dichrin clause to be activated when there would be at least one dinar left from Yaakov’s estate inherited equally by all his sons, after both kesubos were given to each of the step children. This way there is still a fulfillment of the traditional inheritance (Kesuvos 52b).

Our gemara considers a somewhat different scenario.  What if Rachel dies, Yaakov marries Leah, and then Yaakov dies?  Now, we have a mixed situation as Leah 's are inheriting Yaakov’s estate, but Rachel’s sons either inherit the estate equally, or take the 1,000 zuz from the kesubas benin dichrin. The gemara is concerned that since Leah’s sons are not in a situation of getting any kesuba (as their father pre-deceased their mother, and therefore it is somewhat unbalanced, this would lead to more quarrels.

Why are the rabbis interested that fathers give their daughters a proper dowry?  The rabbis understood that there was a Torah directive for the fathers to ensure that their daughters be married off, derived from a verse in Yirmiyahu (29:6). 

קְח֣וּ נָשִׁ֗ים וְהוֹלִ֘ידוּ֮ בָּנִ֣ים וּבָנוֹת֒ וּקְח֨וּ לִבְנֵיכֶ֜ם נָשִׁ֗ים וְאֶת־בְּנֽוֹתֵיכֶם֙ תְּנ֣וּ לַאֲנָשִׁ֔ים וְתֵלַ֖דְנָה בָּנִ֣ים וּבָנ֑וֹת וּרְבוּ־שָׁ֖ם וְאַל־תִּמְעָֽטוּ׃

Take wives and beget sons and daughters; and take wives for your sons, and give your daughters to husbands, that they may bear sons and daughters. Multiply there, do not decrease.

The increased dowry leads to better marriage prospects in finding a suitor (see Rashi and Shita Mekubtetzes Kiddushin 30b).  However, it may not all be about money. The dowry may also allow for the daughter to purchase Jewelry and clothes that make her attractive (so seems to be the way the Torah Temimah understands it, see Torah Temimah Bamidbar 30:17.)  If so, according to the Torah Temimah, a father has a special mitzvah to provide his daughter of marriageable age Jewelry and clothes in order to aid her in the dating and courtship process.

A final point, though we saw in yesterday’s Psychology of the Daf, that the rabbis are capable of completely abrogating Torah law, especially with finances, the rabbis were loath to unnecessarily interfere with inheritance. They were aware of the diabolical effects and the feuds that erupt over inheritances.  Bava Basra (133b) tells us that one should not show favor in giving one child an inheritance over the other, even if the child is not behaving properly.  (Also, see Shulkhan Arukh CM 282:1.) To this day, Dayyanim and secular lawyers will tell you about the epic and toxic quarrels that occur in families over inheritances.  This is because it is not about money; it is about feeling loved or hated by a parent. 

Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation

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