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Ketubah

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This article is about Jewish marriage contracts. For the Tractate Ketubot in the Mishnah, seeKetubot (tractate).

Aketubah(/kɛtuːˈbɑː/;[1]Hebrew:כְּתוּבָּה) is a Jewish marriage contract.[2]It is considered an integral part of atraditional Jewish marriage,and outlines the rights and responsibilities of the groom, in relation to the bride. In modern practice, theketubahhas no agreed monetary value, and is seldom enforced by civil courts, except in Israel.[3]

Anilluminatedketubah

History

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According to theBabylonian Talmud,theketubahwas enacted bySimeon ben Shetach[4]so that it might not be a light thing for a man to divorce his wife.[5]The enactment provides for a man's wife to receive a fixed sum of money, usually accruing from his property, in the event of his divorcing her or of his predeceasing her.Sefer ha-Chinuchsuggests a different reason: "...theTorahhas commanded us to perform an act before taking a wife, a matter that is intended to show that they are a couple united in wedlock before he lies down with her carnally, and that he not come upon her as one would do to aharlot,where there is no other act that precedes what goes on between them... "[6]

Therabbisin ancient times insisted on the marriage couple entering into theketubahas a protection for the wife. It acted as a replacement of the biblicalmohar,the price paid by the groom to the bride, or her parents, for the marriage (i.e., thebride price).[7]Theketubahserved as a contract, whereby the amount due to the wife (the bride-price) came to be paid in the event of the cessation of marriage, either by the death of the husband ordivorce.The biblicalmoharcreated a major social problem: many young prospective husbands could not raise themoharat the time when they would normally be expected to marry. So, to enable these young men to marry, the rabbis, in effect, delayed the time that the amount would be payable, when they would be more likely to have the sum.[8]The mechanism adopted was to provide for themoharto be a part of theketubah.Both themoharand theketubahamounts served the same purpose: the protection for the wife should her support by her husband (either by death or divorce) cease. The only difference between the two systems was the timing of the payment. A modern secular equivalent would be the entitlement toalimonyin the event of divorce.

Theketubahamount served as a disincentive for the husband contemplatingdivorcinghis wife: he would need to have the amount in order to be able to pay to his wife. Unless the husband pledged otherwise, the minimum obligation towards a man's virgin bride is 200 silverdenaria(מאתים זוז‎), known as the principal (or dower's price), and 100 silverdenaria(מאה זוז‎) for a man who married a widow or divorced woman. This was paid in full from a man's property in the event of his divorcing her during her lifetime, or of his pre-deceasing her. This same sum, according to Mishnaic exegeteObadiah Bartenura,who citesMaimonides,is always1⁄8the weight of the 'Shekel of the Sanctuary' (Tyrian coinage),[9]which for every 200 shekels in Tyrian coinage, only 25 were required to be pledged in a virgin'sketubah,a sum equivalent to 200 provincial silverdenaria.[10]Based on the anatomical weight of 25 shekels in Tyrian coinage, the minimum amount vouched in a virgin'sketubahamounted to 504gramsof fine silver.[11]

Monies pledged in a woman'sketubahcan be written in local currencies, but must have the transactional market-value of the aforementioned weight in silver. Mostketubotalso contain an additional liability, known as the "additional jointure" (Heb.תוספת‎ = increment), whereby the groom pledges additional money to his bride. In Ashkenazi tradition, the custom is to consolidate these different financial obligations, or pledges, into one single, aggregate sum. In other Jewish communities, the custom was to write out all financial obligations as individual components.

Archaeological discoveries

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TheketubahofBabatha,a 2nd-century woman who lived near theDead Sea,was discovered in 1960 in theCave of Letters.[12]

Over two hundredketubotwere discovered, among other manuscripts, in theCairo Geniza.[13]They date between the 6th and 19th centuries and, whilst many consist of plain text, there are examples that use decorative devices such asmicrography[14]andillumination[15]to elaborate them.

Composition

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Content

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A modernketubah

The content of theketubahis in essence a two-way contract that formalizes the various requirements byHalakha(Jewish law) of a Jewish husbandvis-à-vishis wife. The Jewish husband takes upon himself in theketubahthe obligation that he will provide to his wife three major things: clothing, food and conjugal relations,[16]and also that he will pay her a pre-specified amount of cash in the case of a divorce. The principal endowment pledged in aketubahis 200zuzfor a virgin, and 100zuzotherwise (such as for a widow, a convert, or a divorced woman, etc.).[17]Today, such pledges are made in local currency, and often exceed that of the principal. Thus the content of theketubahessentially dictates the wife's rights in the marriage and provides for her security and protection. (Conservative Jewsoften include an additional paragraph, called theLieberman clause,which stipulates that divorce will be adjudicated by a modern rabbinical court (abeth din) in order to prevent the creation of achained wife.) The conditions written in the marriage contract may vary between communities, as in the case of theYemeniteketubah,where the custom in Yemen was not to consolidate the different financial obligations, or pledges, into one single, aggregate sum as is practised by some communities. Rather, all financial obligations were written out as individual components, and had the same fixed sums for all persons.[18]TheChief Rabbinatein Israel has sought to bring uniformity to theketubah,particularly where Jewish communities in the Diaspora had upheld conflicting traditions.[19]

As in most contracts made between two parties, there are mutual obligations, conditions and terms of reciprocity for such a contract to hold up as good. Thus saidR. Yannai:"The conditions written in aketubah,[when breached], are tantamount to [forfeiture of] theketubah."[20]A woman who denied coitus unto her husband, a condition of theketubah,was considered legal grounds for forfeiture of her marriage contract, with the principal and additional jointure being written off.[21] King Daviddecree regarding Jewish widows of soldiers is an interesting one. The Talmud does discuss instances where King David had soldiers create conditional divorces. This was done to alleviate the concerns of soldiers who were going to war and wanted to ensure their wives' well-being in their capture or demise. The concept of conditional divorce, while not explicitly tied to King David's decree, is still a valid concept in Jewish law. Modern rabbinic courts have their own procedures and guidelines for handling such matters, especially in the context of military service. It's important to note that Jewish law has evolved over time, and contemporary interpretations of these laws may differ from historical practices.[22]

Bat-Kohen variation

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Main article:Bat-Kohen

Thepriestly court(prior to70 CE) established that a virgin bat-kohen would receive a ketubah of 400Zuz(rather than the standard 200 Zuz for a Jewish virgin).[23]However, theTalmud Yerushalmiopines that the bat-kohen who marries a non-Kohen receives that standard 200 Zuz, as a penalty for not marrying within the priesthood.[24]A widowed bat-kohen would receive the standard 100 Zuz for widows, though at one point this sum had been raised to 200 Zuz.[23]

Design and language

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Wedding certificate for Esther Solomon and Benjamin Levy,Wellington,New Zealand, 1 June 1842, witnessed by Alfred Hort andNathaniel William Levin

Theketubahis a significant popular form ofJewish ceremonial art.Ketubothave been made in a wide range of designs, usually following the tastes and styles of the era and region in which they are made. Today, styles and decorations on ketubahs are chosen by the couple as a representation of their personal styles. This is contrasting to other Jewish legal or sacred texts (such as theTalmud,Mishnah,etc.), which cannot be decorated.

Traditionalketubotare not written in theHebrew language,but inAramaic,thelingua francaof Jews at the timeketubotbecame standardized. This was done in order to make sure the bride and groom understood the contract that was being signed. Many contemporaryketubothave translations into English or other vernacular languages or an accompanying vernacular text. ManyConservative Jewsand other non-Orthodox Jews useketubotwritten in Hebrew rather than in Aramaic. Others may use Aramaicketubotbut also have an additional official version in Hebrew.[25]

In recent yearsketubothave become available in a variety of formats as well as the traditional Aramaic text used by the Orthodox community. Available texts include Conservative text, using theLieberman Clause,Reform, Egalitarian and Interfaith texts. Some congregations have texts available for same sex couples too. In addition, Secular Humanist and Anniversary texts are also available today.

Usage

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Role in wedding ceremony

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Rabbi filling in the final details of a ketubah

In a traditionalJewish wedding ceremony,theketubahis signed by two witnesses and traditionally read out loud under thechuppahbetween theerusinandnissuin.Friends or distant relatives are invited to witness the ketubah, which is considered an honour; close relatives are prohibited from being witnesses. The witnesses must be halakhically valid witnesses, and so cannot be a blood relative of the couple. InOrthodox Judaism,women are also not considered to be valid witnesses. Theketubahis handed to the bride (or, more commonly, to the bride's mother) for safekeeping.

Display

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Ketubot are often hung prominently in the home by the married couple as a daily reminder of their vows and responsibilities to each other.

However, in some communities, the ketubah is either displayed in a very[clarification needed]private section of the home or is not displayed at all. Various reasons given for this include the fact that the details specify personal details, prominent display may invite jealousy or fears of theevil eye.Historically, the ketubah specified whether the bride was a virgin. InSephardiccommunities, it still specifies the actual contributions of the family to the new household and the divorce settlement;Ashkenazicommunities have adopted the custom of having set amounts for all weddings.

Conditio sine qua non

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According toJewish law,spouses are prohibited from living together if the ketubah has been destroyed, lost, or is otherwise unretrievable.[26][27]In such case a second ketubah is made up (called a Ketubah De'irkesa), which states in its opening phrase that it comes to substitute a previous ketubah that has been lost.

Illuminated ketubot

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  • Marriage contract from Venice, Italy, 1750
  • Yemenite Ketubah from 1794, now at theBezalel Academy of Arts and Design
  • Marriage contract from Yemen, 1890
  • Marriage contract from Iraq
  • Marriage contract from Ukraine

See also

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References

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  1. ^"Ketubah".The Chambers Dictionary(9th ed.). Chambers. 2003.ISBN0-550-10105-5.
  2. ^Rabbi Victor S. Appell."I recently became engaged and my fiancée said we need to get a ketubah. Can you explain what a ketubah is?".
  3. ^"The Value and Significance of the Ketubah,"Broyde, Michael and Jonathan Reiss. Journal of Halacha and Contemporary Society, XLVII, 2004.
  4. ^Babylonian Talmud,Shabbat14b. Cf.Ketubbot11a; 82b
  5. ^Maimonides,Mishneh Torah(Hil. Ishuth10:7). Cf. Babylonian Talmud,Ketubbot10a, where R'Simeon ben Gamaliel IIheld the view that theketubahwas a teaching derived from theLaw of Moses.
  6. ^Sefer ha-Chinuch(in Hebrew). Jerusalem: Eshkol. 1958.OCLC233044594.,mitzvah # 552
  7. ^Mentioned inGenesis 34:12,Exodus 22:16–17,Deuteronomy 20:7,Deuteronomy 22:29,Hosea 2:19–20
  8. ^Battegay, Lubrich, Caspar, Naomi (2018).Jewish Switzerland: 50 Objects Tell Their Stories.Basel: Christoph Merian. p. 110.ISBN9783856168476.{{cite book}}:CS1 maint: multiple names: authors list (link)
  9. ^Bertenura, Ovadiah(1978). "Commentary of Rabbi Ovadiah of Bertinoro".Six Orders of the Mishnah (ששה סדרי משנה)(in Hebrew). Vol. 3. Jerusalem: Eshkol. p. 145.OCLC60034030.,Bekhorot8:7, s.v.במנה צורי‎
  10. ^cf.Adani, Samuel ben Joseph (1997).Sefer Naḥalat Yosef(in Hebrew). Ramat-Gan: Makhon Nir David. p. 17b (chapter 4).OCLC31818927.(reprinted from Jerusalem editions, 1907, 1917 and 1988)
  11. ^Shelomo Qorah,ʿArikhat Shūlḥan - Yilqūṭ Ḥayyīm,vol. 13 (Principles of Instruction and Tradition), Benei Barak 2012, p. 206 (Hebrew title:עריכת שולחן - ילקוט חיים)OCLC762505465.Based on the computation of RabbiShelomo Qorah,chief Rabbi ofBnei Brakuntil his death in 2018, the Tyrian shekel weighed 20.16grams;the five shekels for the redemption of a man's firstborn (Pidyon haBen) amounted to 100.08 grams of fine silver in Tyrian coinage.
  12. ^Friedman, Mordechai A. (1996). "Babatha's" Ketubba ": Some Preliminary Observations".Israel Exploration Journal.46(1/2): 55–76.JSTOR27926417.
  13. ^"Search for 'ketubba'".Cambridge Digital Library.Retrieved2 February2016.
  14. ^"Legal document: ketubba (T-S 8.90)".Cambridge Digital Library.Retrieved2 February2016.
  15. ^"Legal document: ketubba (T-S 16.106)".Cambridge Digital Library.Retrieved2 February2016.
  16. ^"Kosher Sex".Judaism 101.Retrieved29 August2011.
  17. ^Mishnah(Ketubot1:2–4)
  18. ^In the case of thetosefet(increment;additional jointure) written in theketubah,if a virgin'sketubahwas valued at 200zuz,the increment was made out at one-hundred. If a widow'sketubahwas valued at 100zuz,the increment was made out at fifty. The increment was always half of the principal.
  19. ^Arusy, Rasson (1987).Halachic Decision-Making Regarding Conflict of Laws due to Inter-Communal Differences (PhD Thesis)(in Hebrew). Tel-Aviv: Tel-Aviv University. pp. 313–323.OCLC754748514.,s.v.Enactments made by the Chief Rabbinate regarding the Ketubah(Hebrew title: התנגשות הדינים בפסיקת ההלכה הבינעדתית בישראל)
  20. ^Babylonian Talmud(Ketubbot 54b)
  21. ^According to theMidrash Rabba(Numbers Rabba 9:8), as well asMishnahKetubbot7:6, whenever a married woman goes out publicly with her head uncovered, it is an act tantamount to exposing herself in public while naked, or what the Torah calls "erwah" (Heb.ערוה), and such an act would constitute grounds for a divorce without a settlement, as it is written: "…for he found in her a thing of nakedness" – (Heb.כי מצא בה ערות דבר) – Deut. 24:1.
  22. ^Response of Rabbi Dov Stein 11-24-2024
  23. ^abMishnah Ketubot 1:2; J.Ketuboth1.5; B.Ketuboth 12b
  24. ^J.Ketuboth1:5 p. 6a)
  25. ^Diamant, Anita (2001).The New Jewish Wedding.Simon & Schuster. p.87.ISBN9780743202558.
  26. ^Katz, Lisa."What is a Ketubah?".about. Archived fromthe originalon 16 January 2013.Retrieved21 June2012.
  27. ^Shulchan Aruch,Even Haezer66:3
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