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In a previous court case, a wife demanded spousal support, and the husband responded that after transferring his portion of their joint apartment, she expelled him from the home and hit him. He wants reconciliation, if she is willing to treat him civilly, which is what beit din ruled should be attempted, but she refused over a long period of time. The husband now demands back his part in the apartment.
Ruling: The regional court ruled that the wife does not have to return his part in the home because presents are permanent, even if subsequently the relationships sour (based on Shulchan Aruch, Even Haezer 99:2). The exception is special clothes and the like that were given just to beautify the wife in his presence (commentators, ad loc.). Another exception, when the wife is a moredet (refuses to take part in conjugal relations), does not apply because all agree that the husband is impotent.
The Supreme Rabbinical Court argued for the following reasons. While there are distinctions between different types of presents, there should be no question that presents that were meant for joint use revert back to the giver when the relationship is over. It makes no sense that the husband should give his wife his home so that she should live there herself after expelling him. The wife admitted that he gave her his part so that she could live there after his death, which implies that he did not do so for her to have the ability to take it from him.
There is another reason for her to not keep the present, based on a comparison to the laws of moredet (even though she is not fully a moredet). Whereas a moredet loses her ketuba as a sanction, that which she returns presents is based on the logic that he did not give them under such circumstances (Gra, EH 77:28). Although she loses the presents only after 12 months when she becomes a moredet, that is because until then we give her time to change her stand, but after that time the loss of presents is not based on the status of moredet. It is for that reason that when a woman claims that her husband is despicable in her eyes, she has a right for a get, yet she does not keep that which he gave her. That which the Shulchan Aruch (ibid.) says that she keeps her presents is when, from her perspective, she is willing to continue with him, even if it is difficult to do so. In a case, though, that she consistently refuses reconciliation, she does not retain the presents. Thus, the husband gets back his portion of their joint home.
P'ninat Mishpat (829)
Various Rabbis
125 - Status of Child of Woman Who Had Civil Marriage
126 - The Status When the Marriage Proves Unviable
127 - The Obligation to Divorce “Disgusts” His Wife
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
