Wife's Property Jewish, christian and Muslim?

Question

The Jewish tradition regarding the husband’s role towards his wife stems from the conception that he owns her as he owns his slave.

This conception has been the reason behind the double standard in the laws of adultery and behind the husband’s ability to annul his wife’s vows. This conception has also been responsible for denying the wife any control over her property or her earnings. As soon as a Jewish woman got married, she completely lost any control over her property and earnings to her husband. Jewish Rabbis asserted the husband’s right to his wife’s property as a corollary of his possession of her: “Since one has come into the possession of the woman does it not follow that he should come into the possession of her property too?”, and “Since he has acquired the woman should he not acquire also her property?”

Thus, marriage caused the richest woman to become practically penniless. The Talmud describes the financial situation of a wife as follows:

“How can a woman have anything; whatever is hers belongs to her husband? What is his is his and what is hers is also his... Her earnings and what she may find in the streets are also his. The household articles, even the crumbs of bread on the table, are his. Should she invite a guest to her house and feed him, she would be stealing from her husband...”

(San. 71a, Git. 62a)

The fact of the matter is that the property of a Jewish female was meant to attract suitors. A Jewish family would assign their daughter a share of her father’s estate to be used as a dowry in case of marriage. It was this dowry that made Jewish daughters an unwelcome burden to their fathers. The father had to raise his daughter for years and then prepare for her marriage by providing a large dowry. Thus, a girl in a Jewish family was a liability and no asset.

This liability explains why the birth of a daughter was not celebrated with joy in the old Jewish society (see the “Shameful Daughters” section). The dowry was the wedding gift presented to the groom under terms of tenancy. The husband would act as the practical owner of the dowry but he could not sell it. The bride would lose any control over the dowry at the moment of marriage. Moreover, she was expected to work after marriage and all her earnings had to go to her husband in return for her maintenance which was his obligation. She could regain her property only in two cases: divorce or her husband’s death. Should she die first, he would inherit her property. In the case of the husband’s death, the wife could regain her pre-marital property but she was not entitled to inherit any share in her deceased husband’s own property. It has to be added that the groom also had to present a marriage gift to his bride, yet again he was the practical owner of this gift as long as they were married.

Christianity, until recently, has followed the same Jewish tradition. Both religious and civil authorities in the Christian Roman Empire (after Constantine) required a property agreement as a condition for recognizing the marriage. Families offered their daughters increasing dowries and, as a result, men tended to marry earlier while families postponed their daughters’ marriages until later than had been customary.

Under Canon law, a wife was entitled to restitution of her dowry if the marriage was annulled unless she was guilty of adultery. In this case, she forfeited her right to the dowry which remained in her husband’s hands[24].

Under Canon and civil law a married woman in Christian Europe and America had lost her property rights until late nineteenth and early twentieth centuries. For example, women’s rights under English law were compiled and published in 1632. These ‘rights’ included: “That which the husband hath is his own. That which the wife hath is the husband’s.”

The wife not only lost her property upon marriage, she lost her personality as well. No act of her was of legal value. Her husband could repudiate any sale or gift made by her as being of no binding legal value. The person with whom she had any contract was held as a criminal for participating in a fraud. Moreover, she could not sue or be sued in her own name, nor could she sue her own husband.

A married woman was practically treated as an infant in the eyes of the law. The wife simply belonged to her husband and therefore she lost her property, her legal personality, and her family name.

Islam, since the seventh century C.E., has granted married women the independent personality which the Judaeo-Christian West had deprived them until very recently. In Islam, the bride and her family are under no obligation whatsoever to present a gift to the groom. The girl in a Muslim family is no liability. A woman is so dignified by Islam that she does not need to present gifts in order to attract potential husbands. It is the groom who must present the bride with a marriage gift. This gift is considered her property and neither the groom nor the bride’s family have any share in or control over it. In some Muslim societies today, a marriage gift of a hundred thousand dollars in diamonds is not unusual.

The bride retains her marriage gifts even if she is later divorced. The husband is not allowed any share in his wife’s property except what she offers him with her free consent.
The Qur’an has stated its position on this issue quite clearly:

“And give the women (on marriage) their dower as a free gift; but if they, Of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer.”(4:4)

The wife’s property and earnings are under her full control and for her use alone since her, and the children’s, maintenance is her husband’s responsibility.

No matter how rich the wife might be, she is not obliged to act as a co-provider for the family unless she herself voluntarily chooses to do so. Spouses do inherit from one another. Moreover, a married woman in Islam retains her independent legal personality and her family name.

An American judge once commented on the rights of Muslim women saying: “ A Muslim girl may marry ten times, but her individuality is not absorbed by that of her various husbands. She is a solar planet with a name and legal personality of her own.”

The three religions share an unshakeable belief in the importance of marriage and family life. They also agree on the leadership of the husband over the family. Nevertheless, blatant differences do exist among the three religions with respect to the limits of this leadership. The Judaeo-Christian tradition, unlike Islam, virtually extends the leadership of the husband into ownership of his wife.

Answer 1

Salam Alykom Brother,

God bless you for trying to point out the differences. I only hope that others will open their minds and learn a little andnot meet your posts with such negativity.

Salam


To the person below me - I am a MODERN AMERICAN, I just don't dress in modern fashion that shows more skin then it covers. We are not in the stone age, we only follow our religion truthfully, where others choose what parts they wish to follow. The bible says for women to cover, but so few Christians do.

"Now I want you to realize that the head of every man is Christ, and the head of the woman is man, and the head of Christ is God. Every man who prays or prophesies with his head covered dishonors his head. And every woman who prays or prophesies with her head uncovered dishonors her head...If a woman does not cover her head, she should have her hair cut off; and if it is a disgrace for a woman to have her hair cut or shaved off, she should cover her head"
1 Corrinthians 11:3-6


"I also want women to dress modestly, with decency and propriety, not with braided hair or gold or pearls or expensive clothes, but with good deeds, appropriate for women who profess to worship God"

1 Timothy 2:9-10


As for your B.S. ranting about Honor killings, Taking child brides,
female circumcision. Yes they are still done, by Muslims, Chrsitians, and Jews. They are DISGUSTING cultural rituals, not religious.

As for divorce in Islam, the woman not only leaves the marriage with what she started, but the husband is also responsible to support her, and do so with out having to pay an attorney or having to hope that the judge will take pitty on her.

It is a shame, out of all you posted, none of it holds any water. Sounds like you are not stuck in the stone age, but just stuck in pure ignorance.

Answer 2

Christianity's marital system is utterly ridiculous. It is the main cause of the utter failure of marriage in the West. The Christians in opinion are the victims of the corrupted Bible. This book according to its Theologians and Historians is an utterly corrupted one, because no one knows who were the authors of the books and the gospels. These books were written by mysterious authors.

Islam's marital system on the other hand is quite rational and very fair and practical. But more importantly than all of this, Islam is the True Divine Religion of Allah Almighty.

What the world needs is Islam. The true moderate Islam, that is dynamic enough and understanding and fair enough to tackle any social issue and bring real justice to everyone, and not the Taliban and Salafi (Saudi Arabian) fanatical Islam that brings nothing but oppression to people. At any rate, this is not just my opinion. Famous non-Muslims share this view as well:

Answer 3

Why do you bother with questions like these? Lets correct the muslims first ok. Muslims really need to learn about tauhid and free themselves of shirk. The problems in the muslim ummah is because of lack of knowledge. Our tauhid should be pure and clean from shirk. Lets adhere to the quran and authentic sunnah.

Answer 4

The same with a Muslims womens. Abiding with respect.

Answer 5

What was that about property?

The Qur’an is very clear about the superiority of men over women.

Men have a degree over women...2:228
Women are downright inferior!
If a woman is to prostrate to another person (besides Allah) it will be her husband.
Women witness is half of men...2:282

People ruled by a woman will never be successful...(Shahih Bukhari 5.59.709)

1. women curse too much 2. they are ungrateful to their husbands 3.they are lacking in common sense 4. they are failing in religion 5. they rob the wisdom of the wise…(Shahih Muslim 1.0142)

Women should beg a man not to divorce her (Shahih Bukhari 7.62.134)
A husband possesses full right to enjoy his wife’s person

The Prophet (peace_be_upon_him) said: A man will not be asked as to why he beat his wife.
a hadith gives the husband an absolute right to beat his wife/s whenever he pleases.

Duties of a wife
An Islamic woman should never say ‘no’ to her husband’s demand for sex unless she has a natural reason like having her period or sickness.
If a woman abandons her husband’s bed for the night then the angels curse her until morning…(Shahih Muslim 8.3366)
Allah gets displeased with the woman who does not respond when her husband demands sex from her…(Shahih Muslim 8.3367) A woman must keep her sexual organs ready for service at all times (Ref: 7: vol. I, p235)

Divorce belongs to men and women have the idda…(Malik’s Muwatta 29.24.70)
If a man said to his wife ‘you are haram for me ‘ then it is counted as three pronouncements of divorce…(Malik’s Muwatta 29.1.6)
The divorce of a man by his wife is not a right on her but a privilege. The women cannot by herself divorce her husband. The wife needs a judge to annul the marriage
Qur’an
Women are to stay quietly at home and not to show their allurement …33:33
Shahih Muslim
A woman can’t travel a day’s journey without her mahram…(Shahih Muslim 7.3105)
The husband may forbid his wife to leave the home (O: because of the hadith related by Bayhaqi that the Prophet (Allah bless him and give him peace) said,



Women in Christianity are not owend by Men. Both have a place and responsibility they are treated equal and are partners. Being both together created in the very Image of God, man and woman Are superior to animals.
Male and female Are given authority to rule over God’s physical creation. This affirms that women Are Co-rulers with men.
Woman originated from man, in Order for her to be compatible with him and a comparable helper, indicating that they both have the Same essence and value.
Male and female unite to become one flesh, demonstrating that the two need each other in Order to complete each other.
Because of this interdependency and unity, the husband is told to treat his spouse As his own Body.
As a result of this essential equality and unity, the woman has the Same rights over her spouse’s Body that her husband has over her’s.

"But I want you to understand that Christ is the head of every man, and the man is the head of a woman, and God is the head of Christ," (1 Cor. 11:3).
It says in Gen. 2:24, "For this cause a man shall leave his father and his mother, and shall cleave to his wife; and they shall become one flesh." When a man and woman get married, they become on flesh. There is a unity between them. But, it is the man who is the head of the family which is why it says that the man is the head of the woman.

This headship is not about having the upper hand nor is it to mean that a woman has no rights or is a second class citizen. On the contrary, God tells the husband some very seroius commands:

"Husbands, love your wives, just as Christ also loved the church and gave Himself up for her; 26 that He might sanctify her, having cleansed her by the washing of water with the word, 27 that He might present to Himself the church in all her glory, having no spot or wrinkle or any such thing; but that she should be holy and blameless," (Eph. 5:25-27).

Finally, the headship issue is an issue of order, not of who is better or more important. The husband is the head of the wife in the family and he has the responsibility of guiding his family to a closer relationship with the Lord. God will require it of him on the day when all our deeds are judged by God.
Unlike in Islam the Christian woman is treated with equal share in heaven.
nowhere in the Biblel is written that women have to give their property or earned money to their husband. This is man-made law.

Answer 6

Why don't you just admit that you oppress your women in Islam more than ANY other religion on the face of the globe, as a matter of fact you are the ONLY one's who have a bad reputation for it which you consistantly live up to and which NO other religion has this problem.

Honor killings (still done), but only in Islam

Taking child brides

female circumcision

forced "modesty".
etc

NO normal woman who isn't a nun looks like the girl above me in any other religion, WE PROGRESSED INTO THE 21ST CENTURY,
YOU ARE STUCK IN THE STONE AGE
THAT IS WHY YOU FORCE YOUR WOMEN TO DRESS LIKE THEY DID IN JESUS' TIME!!!!!!!!!!!!!!!!

Answer 7

Im muslim myself, And Janey, no we dont act like we are in the stone age, we treat our women like that because we care for them do you think a man would feel horny to a woman he cant see anything but her face? Thats one of the minor reasons.. plus its in our holy book the quraan, that women have to wear hijab, we do it because its in the quraan the way to go to heaven is to follow the readings of the quraan, so is the way to go to heaven in any religion is to follow the readings of their lord etc. etc. its called beleifs.. please dont insult other peoples' beleifs you dont see us insulting yours are you? thank you..

and just a side note, not ALL women wear the hijab..there are sluts everywhere.. but thats not what we call them(the women who dont wear hijab), Hijab nowadays in the muslim community is not a must but a woman wearing one is respected.. you know no one hardly notices anymore.. seriously

so we actually did "change".. eh janey?

Answer 8

since we're comparing, i think i'd rather lose my property in marriage rather than have "allah" give my husband permission to beat me if i misbehave

does that mean i'm opressed???

Answer 9

What's the question?