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Matza Baking

The Late Chaya Rachel Leah Bat Rav Efraim Hacohen

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1. Last week, we outlined the classic Halachic approach to the financial relationship between husband and wife. Essentially, Halacha regards the

2. husband as the owner of marital property, with some notable exceptions, as we explained at some length last week. However, at the conclusion of that essay, we raised the intriguing possibility that Halacha

3.recognizes that the financial relationship between husband and wife has changed radically in our times and that this might have profound Halachic implications regarding Bittul Chametz and many other areas of Halacha.

4. We mentioned that this issue is the subject of an intense debate between two great Dayanim of our time, Rav Shlomo Dichovsky and Rav Avraham Sherman, members of the Israeli Supreme Rabbinic Court. They

5. present their opinions in the eighteenth volume of Techumin and respond to each other's arguments in the subsequent volume. In this issue, we shall begin to summarize this great debate.

6. We shall focus on three primary issues involved in this debate: whether the Tenaim signed at the wedding constitute a financial partnership agreement between husband and wife, whether Halacha recognizes and incorporates Israeli civil laws concerning community marital property laws

7. in accordance with the celebrated rule of Dina DeMalchuta Dina (the Halachic obligation to respect the law of the land in which we reside), and whether Halacha recognizes as binding the custom among married couples in the contemporary era to regard their property as a financial partnership.

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