1,666. A Condition to Waive a Right

Hilchos Ishus 23:1

Let’s say that a woman makes a condition with her husband that he’ll waive one of the privileges granted to husbands. If he wrote this down for her after betrothal but before the marriage was completed, then the agreement is binding without any further action being required. If he only wrote down the condition after the marriage was finalized, then an act of acquisition is required.

Hilchos Ishus 23:2

If the husband makes a condition that he will have no say regarding his wife’s property and she sells it or gives it to someone as a gift, then that sale or gift is effective. Nevertheless, he is entitled to the proceeds generated by that property while it is still in her possession. If he affirmed the condition with an act of acquisition following betrothal, then he has waived his rights to the land itself and has no right to the proceeds generated by the property. Let’s say that he later objects, saying that he didn’t realize that he was giving away the right to the proceeds and that he thought he was only giving his wife the ability to make binding sales. Nevertheless, his claim is not honored and he has waived his right to the land.