A Haredi couple from Jerusalem decided it was time to end the marriage and get a divorce.

The time came to divide the assets and a dispute arose as to who has the rights to the jewelry amassed over the years. Mrs claimed them as hers - she received and accepted them as gifts and acquired them with a kinyan when given to her, but Mr claimed that he had given them to her as his loving wife over the years for the various holidays - along with the divorce, all those gifts are revoked and become his property. The gifts, he claims, were really for the purpose of her being beautiful for him, as long as they are together.

The dayaim analyzed the claims and found various sources in the responsa on the matter. They agreed to write separate individual decisions, as they each leaned a different way on this, and then a joint final decision.

Dayan 1 opined that based on the Shulchan Aruch and Rama the jewelry belongs to her as generally today the woman keeps her clothing and jewelry.

Dayan 2 opined that when the husband gives jewelry as a gift it is not a full and complete gift but for him to enjoy through her, so upon divorce she has to return them to him.

Dayan 3, the tie breaker, opined that in this specific case no decision is necessary as to which opinion is correct as to ownership of the jewelry, as the woman already sold the jewelry so the debate is regarding who keeps the money from the sale of that jewelry.

The Dayan continued that because in this case the alimony was set very low, taking into account the fact that Mr is an avreich and has little income and no money, and taking into account that Mrs sold the jewelry in order to have money to use for household needs, as a supplement to the alimony, there is no need to decide between the dayanim on the issue under discussion (ownership of the jewelry) and, in this specific case, Mrs should not have to return the money to Mr.

And the joint psak was written in accordance with the conclusion of Dayan 3.

sources: Behadrei, Haredim10