Kestenbaum & Company
Two Halachic contracts: Shetar Chatzi Zachar. * Tena’im.

Auction 88 · Lot 223

Two Halachic contracts: Shetar Chatzi Zachar. * Tena’im.

Estimate
$200–$300
Hammer price
$200

Historical auction record. Hammer prices exclude buyer’s premium and taxes.

author

(WOMEN).

printer

30 Elul

Place

Amsterdam

Publication

1806

Description

Printed, with manuscript additions. Hebrew text.

summary

This type of document is given to a woman by her father at the time of her marriage. It ensures that when he dies she will inherit half a share in his estate, even though according to Torah law daughters do not inherit anything. The share is half of what her brothers inherit. The origin of the Shetar Chatzi Zachar stems from a time when enormous sums were paid in order to marry off daughters, and such dowries shrunk parental estates, creating family discord between young women and some very unhappy brothers. This document allowed dowries to shrink to a manageable level by ensuring that at a future date additional money would come into the marriage, after the father dies. The source for such a legal instrument can be found in Rabbi Moses Isserles’ gloss to Shulchan Aruch CM 281:7. The second document is a prenuptial agreement signed at a betrothal ceremony. The bride is one Leah, the groom Moshe ben Eliyahu, and the names of the bride’s parents are Yitka bat Shmuel and Ber ben Gershon HaKohen. The dowry is listed as 5000 gulden (zahuvim holland).
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