1,665. The Depreciation of Marital Property

Hilchos Ishus 22:34

Let’s say that a woman brings into the marriage a goat to milk, a sheep to shear or a fruit-bearing tree. Even though she is only entitled to their proceeds, her husband may benefit from them until the principal is exhausted. Similarly, if she brought into the marriage utensils or garments as “melug” property, he may use them, wear them, etc. until the items are worn out. If the couple divorces, he is not responsible to pay for any melug property that was used up.

Hilchos Ishus 22:35

The Gaonim ruled that a husband is responsible for the depreciation of “iron sheep” property. However, if the property still exists when it’s time to pay a woman’s kesubah, then it still serves its original purpose and the woman must accept it in payment regardless of its condition. If the property is no longer fit for that purpose, then it’s the same as if the property was lost or stolen. In such a case, the husband must pay the value of the property as of the time of the wedding. This is the accepted practice; when a man gets married, he accepts responsibility for his bride’s dowry predicated on this. Because of this accepted practice, just as he doesn’t pay for the depreciation of property, he likewise doesn’t receive the surplus if the property appreciates in value. A man may compel some of his wife’s servants and maids to serve him in the home of another woman that he marries, whether they are “melug” or “iron sheep” property. He may not, however, take them to another city without his wife’s consent.