1,607. Waiving a Kesubah

Hilchos Ishus 17:19

If a woman sells her kesubah to her husband or to a third party, she doesn’t waive the other benefits granted by her kesubah. Therefore, if she has a son, he inherits the value of her kesubah that was sold from his father’s estate in addition to his own share of the estate. On the other hand, if a woman waives her kesubah to her husband, then she gives up all the associated benefits of her kesubah. In such a case, the husband isn’t even required to provide her maintenance. Waiving a kesubah need not be done through an act of acquisition, nor does it require witnesses, just as any waiver doesn’t require an act of acquisition or witnesses. This is accomplished through one’s words alone so long as the statement is made seriously and not as a joke or a hypothetical.

Hilchos Ishus 18:1

A widow is entitled to be supported from her husband's estate by his heirs for as long as she remains a widow until she collects payment for her kesubah. Once she demands payment for her kesubah in court, she is no longer entitled to maintenance. Similarly, if she sold her kesubah in its entirety, used it as collateral or made it “ipotiki” for another person – meaning that she told that person to collect a debt owed to them from it – then she is not entitled to maintenance from the heirs. This is so regardless of whether these deals were made in front of a court of expert judges or outside of court, during the husband's lifetime or after his death. However, if she only sold part of her kesubah, she is still entitled to receive maintenance. When a widow gets betrothed to another man, she loses the right receive maintenance.