The Gemorah in Ketubot (47b) brings an opinion that learns the obligations that a husband has to his wife from the possuk of שְׁאֵרָ֛הּ כְּסוּתָ֥הּ וְעֹנָתָ֖הּ לֹ֥א יִגְרָֽע. The Pnei Yehoshua and Minchas Chinich (46:9) ask that the these obligations are only after נישאוין but יעוד only accomplishes אירוסין?
The Rambam Melachim (4:4) says אֲבָל הַהֶדְיוֹט אָסוּר בְּפִילֶגֶשׁ אֶלָּא בְּאָמָה הָעִבְרִיָּה בִּלְבַד אַחַר יִעוּד. [The Gra Even Haezer siman 26 uses this Rambam to answer the questions of Ramban on Rambam that prohibits a פילגש to a non-king from many stories in Tanach that we find that people had פילגשים? Answers the Gra that the Rambam understood all those cases are talking about the scenario of אמה עבריה.] Why does the Rambam view יעוד as a פילגש? The marriage of יעוד is not your classic run-of-the-mill קידושין. It is an another form of the service of the אמה עבריה. Through יעוד the owner or his son obtain the rights to exercise their ownership over the אישות of the אמה as well. [Just as a king has rights to take a פילגש for he has rights to take whatever he wants; he can exercise marshal law to seize even the אישות rights of a woman. Similarly, the owner of the maidservant has rights even to her אישות. See ראש לראובני סי' כג.] That is why even there are the marital obligations immediately for he has complete ownership over her אישות via his purchase of her as a maidservant. However, such a similar level of ownership in a regular marriage is only after נישאוין and it is only then when the marital obligations begin. (See Maseas Moshe Kiddushim #42 cf. Rav Aharon Kotler in Mishnas Aharon Kiddushin #1 and אוסף חידושי תורה #20 that explains a little differently.)
No comments:
Post a Comment