Rav Shmuel Berenbaum once gave a talk in the Mir in NY that when one marries a woman there are two kinds of acquisition that happen. One is marriage and the other is monetary acquisitions.
He used this idea to asnwer some questions that I forgot. However I had a few thoughts about this. One is that this idea actually comes from the Gemara in Ketuboth itself between Abyee and Rava.
The other thought I had is to ask how can this fit with the Rambam who holds that when two people make an agreement to make partnership and have witness and sign an document that nothing happens since there is nothing upon which the acquisition can occur. אין קנין חל על דבר שלא בא לעולםץ So for a while I thought Rav Shmuel was only talking according to the opinion of the Raavad. But then it occurred to me that there are obligations that happen just because of a persons status.
I am rushing to write this so I am being too short I know. Anyway I think that the Rambam was only talking about a partnership in which there is no physical acquisitions. But with marriage there is on someone upon whom the obligations occur. It is a case of קנין דקל לפירותיו
I had a lot of thoughts about this but I have no time to write. But I did want to add just one short thought: that all the things that the husband acquires are all rabbinical laws --see Ketubotthis chapter 4 and 5. Not that this makes any difference but it is a point because perhaps one can say that kind of acquisition can occur by means of a Torah kind of Acquisition.
He used this idea to asnwer some questions that I forgot. However I had a few thoughts about this. One is that this idea actually comes from the Gemara in Ketuboth itself between Abyee and Rava.
The other thought I had is to ask how can this fit with the Rambam who holds that when two people make an agreement to make partnership and have witness and sign an document that nothing happens since there is nothing upon which the acquisition can occur. אין קנין חל על דבר שלא בא לעולםץ So for a while I thought Rav Shmuel was only talking according to the opinion of the Raavad. But then it occurred to me that there are obligations that happen just because of a persons status.
I am rushing to write this so I am being too short I know. Anyway I think that the Rambam was only talking about a partnership in which there is no physical acquisitions. But with marriage there is on someone upon whom the obligations occur. It is a case of קנין דקל לפירותיו
I had a lot of thoughts about this but I have no time to write. But I did want to add just one short thought: that all the things that the husband acquires are all rabbinical laws --see Ketubotthis chapter 4 and 5. Not that this makes any difference but it is a point because perhaps one can say that kind of acquisition can occur by means of a Torah kind of Acquisition.
