“The Rama paskens that a husband is only responsible for his wife’s expenses while she lives in his home.”
Where is the Remo that he can’t take upon himself extra mezonos? Or tosefes? And since she’s allowed to say “aini nizonis”, then you’d have to argue that any woman who is instead toive’ah her mezonos is forcing him to give a get? Come on.
“It doesn’t even have a clause saying what happens in the event BDA is no loger existing”
That’s with any agreement to go to any beis din. We don’t say, “don’t ever go to beis din because between the time you agree to go and the time you actually go, the BD might be gone.”
“It only financially penalizes the husband if the husband doesn’t give it; it makes no provisions to penalize the wife if the wife doesn’t accept it. “
Wrong. She doesn’t get any money if she refuses to go to beis din or do what the BD tells her to do.
“However, this support obligation shall terminate if Wife-to-Be refuses to appear upon due notice before the Beth Din of America or in the event that Wife-to-Be fails to abide by the decision or recommendation of the Beth Din of America.”
“http://hebrewbooks.org/pdfpager.aspx?req=7512&st=&pgnum=101&hilite=
(Last paragraph; It’s not discussing the prenup, but we can easily apply it to the prenup.)”
That’s right. We can easily apply anything that anyone ever said to anything else we want it to apply to.
“It starts taking effect the day she (on her own volition) walks out of his home (or forces him out).”
Not really. “Wife-to-Be waives her right to collect any
“Nachalas Shivah–?????? ?? ???? ???? ?????? ????????”
You don’t call that mezonos? And a validation of what’s reasonable? Not that he would be chayav in that, but it’s obviously not an unreasonable shibud for him to accept on himself.
“the wife keeps her own income (even though halachicly it belongs to him if he gives her mezonos) “
Under ordinary circumstances, if he gives her mezonos then he gets her income in order to prevent eivah; but that’s pretty much water under the bridge at this point.
“You know as well as I and anyone else reading this that $55,000 + inflation (post-tax money) for one person – plus her keeping her own earnings – is not any halachic or otherwise definition of “mezonos”.”
So, you’d be happy if the prenup was a smaller figure, or depended on income, or on what standard of living the wife was used to? Or do you just have a shitah of chodosh ossur min hatorah and are looking to scuttle everything written in the last 200 years?
Incidentally, if someone could post the relevent teshuva of R. Elyashiv that would be great, since many of us don’t have access to the sefer. And it’s the only one so far quoted.