A ketubah (; he, כְּתוּבָּה) is a Jewish marriage contract. It is considered an integral part of a traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride. In modern practice, the ''ketubah'' has no agreed monetary value, and is seldom enforced by civil courts, except in Israel.
History
According to the
Babylonian Talmud
The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cent ...
, the ''ketubah'' was enacted by
Simeon ben Shetach
Simeon ben Shetach, or Shimon ben Shetach or Shatach (), ''circa'' 140-60 BCE, was a Pharisee scholar and Nasi of the Sanhedrin during the reigns of Alexander Jannæus (c. 103-76 BCE) and his successor, Queen Salome Alexandra (c. 76-67 BCE), who ...
so that it might not be a light thing for a man to divorce his wife. 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. Thirteenth-century rabbi,
Aharon HaLevi
Rabbi Aharon ben Joseph ha-Levi ( he, אהרון הלוי; 1235 – c. 1290), known by his Hebrew acronym ''Ra'aH'' (), was a medieval rabbi, Talmudic scholar and Halakhist.
Rabbi Aaron ha-Levi was born in Girona, Catalonia (present-day ...
, adds a different reason, writing: "Of the logic behind this one commandment,
e find
E, or e, is the fifth letter and the second vowel letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''e'' (pronounced ); plura ...
that the
Torah
The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the ...
has 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 a
harlot
Prostitution is the business or practice of engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, non-penet ...
, where there is no other act that precedes what goes on between them..."
At any rate, the
rabbi
A rabbi () is a spiritual leader or religious teacher in Judaism. One becomes a rabbi by being ordained by another rabbi – known as ''semikha'' – following a course of study of Jewish history and texts such as the Talmud. The basic form of ...
s in ancient times insisted on the marriage couple entering into the ''ketubah'' as a protection for the wife. It acted as a replacement of the biblical ''mohar'' – the price paid by the groom to the bride, or her parents, for the marriage (i.e., the
bride price
Bride price, bride-dowry ( Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...
). The ''ketubah'' served 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 or
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
. The biblical ''mohar'' created a major social problem: many young prospective husbands could not raise the ''mohar'' at 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. The mechanism adopted was to provide for the ''mohar'' to be a part of the ''ketubah''. Both the ''mohar'' and the ''ketubah'' amounts 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 to
alimony
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial sup ...
in the event of divorce.
The ''ketubah'' amount served as a disincentive for the husband contemplating divorcing his 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 silver ''denaria'' (), known as the principal (or dower's price), and 100 silver ''denaria'' () 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 exegete
Obadiah Bartenura
Obadiah ben Abraham of Bertinoro ( he, ר׳ עוֹבַדְיָה בֵּן אַבְרָהָם מִבַּרְטֵנוּרָא; 1445 – 1515), commonly known as "The Bartenura", was a 15th-century Italian rabbi best known for his popular comme ...
, who cites
Maimonides
Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Tora ...
, is always the weight of the 'Shekel of the Sanctuary' (Tyrian coinage), which for every 200 shekels in Tyrian coinage, only 25 were required to be pledged in a virgin's ''ketubah'', a sum equivalent to 200 provincial silver ''denaria''. Based on the anatomical weight of 25 shekels in Tyrian coinage, the minimum amount vouched in a virgin's ''ketubah'' amounted to 504 grams of fine silver.
Monies pledged in a woman's ''ketubah'' can be written in local currencies, but must have the transactional market-value of the aforementioned weight in silver. Most ''ketubot'' also contain an additional liability, known as the "additional jointure" (Heb. = increment), whereby the groom pledges addition 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
The ''ketubah'' of
Babatha
Babatha (also known as Babata) was a Jewish woman who lived in the town of Maḥoza (at the south-eastern tip of the Dead Sea in what is now Jordan) at the beginning of the second century CE. In 1960, archaeologist Yigael Yadin discovered a leat ...
, a 2nd-century woman who lived near the Dead Sea, was discovered in 1960 in the
Cave of Letters
The Cave of Letters is a cave in Nahal Hever in the Judean Desert where letters and fragments of papyri from the Roman Empire period were found. Some are related to the Bar Kokhba revolt (circa 131-136), including letters of correspondence betw ...
.
Over two hundred ''ketubot'' were discovered, among other manuscripts, in the
Cairo Geniza
The Cairo Geniza, alternatively spelled Genizah, is a collection of some 400,000 Jewish manuscript fragments and Fatimid administrative documents that were kept in the ''genizah'' or storeroom of the Ben Ezra Synagogue in Fustat or Old Cairo, ...
. They date between the 6th and 19th centuries and, whilst many consist of plain text, there are examples that use decorative devices such as
micrography
Micrography (from Greek, literally small-writing – "Μικρογραφία"), also called microcalligraphy, is a Jewish form of calligrams developed in the 9th century, with parallels in Christianity and Islam,illumination to elaborate them.
Composition
Content
The content of the ''ketubah'' is in essence a two-way contract that formalizes the various requirements by
Halakha
''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandm ...
(Jewish law) of a Jewish husband ''vis-à-vis'' his wife. The Jewish husband takes upon himself in the ''ketubah'' the obligation that he will provide to his wife three major things: clothing, food and conjugal relations, and also that he will pay her a pre-specified amount of cash in the case of a divorce. The principal endowment pledged in a ''ketubah'' is 200 '' zuz'' for a virgin, and 100 ''zuz'' otherwise (such as for a widow, a convert, or a divorced woman, etc.). Today, such pledges are made in local currency, and often exceed that of the principal. Thus the content of the ''ketubah'' essentially dictates the wife's rights in the marriage and provides for her security and protection. (
Conservative Jews
Conservative Judaism, known as Masorti Judaism outside North America, is a Jewish religious movements, Jewish religious movement which regards the authority of ''halakha'' (Jewish law) and traditions as coming primarily from its people and com ...
often include an additional paragraph, called the
Lieberman clause
The Lieberman clause is a clause included in a ''ketubah'' (Jewish wedding document), created by and named after Talmudic scholar and Jewish Theological Seminary of America professor Saul Lieberman, that stipulates that divorce will be adjudicat ...
, which stipulates that divorce will be adjudicated by a modern rabbinical court (a
beth din
A beit din ( he, בית דין, Bet Din, house of judgment, , Ashkenazic: ''beis din'', plural: batei din) is a Rabbinic Judaism, rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of ...
) in order to prevent the creation of a chained wife.) The conditions written in the marriage contract may vary between communities, as in the case of the Yemenite ''ketubah'', 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. The
Chief Rabbinate
Chief Rabbi ( he, רב ראשי ''Rav Rashi'') is a title given in several countries to the recognized religious leader of that country's Jewish community, or to a rabbinic leader appointed by the local secular authorities. Since 1911, through a ...
in Israel has sought to bring uniformity to the ''ketubah'', particularly where Jewish communities in the Diaspora had upheld conflicting traditions.
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 said R. Yannai: "The conditions written in a ''ketubah'',
hen breached
Hen commonly refers to a female animal: a female chicken, other gallinaceous bird, any type of bird in general, or a lobster. It is also a slang term for a woman.
Hen or Hens may also refer to:
Places Norway
*Hen, Buskerud, a village in Ringe ...
are tantamount to orfeiture ofthe ''ketubah''." A woman who denied coitus unto her husband, a condition of the ''ketubah'', was considered legal grounds for forfeiture of her marriage contract, with the principal and additional jointure being written off.
Bat-Kohen variation
The
Mishna
The Mishnah or the Mishna (; he, מִשְׁנָה, "study by repetition", from the verb ''shanah'' , or "to study and review", also "secondary") is the first major written collection of the Jewish oral traditions which is known as the Oral Torah ...
and
Talmud Bavli
The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the center ...
record that the "Beth-Din of Kohanim" would oversee that the ketubah of a Bat-Kohen would contract the amount of four hundred Zuz (an increase from the standard amount of two hundred Zuz) in the event the Bat-Kohen would be given a
Get
Get or GET may refer to:
* Get (animal), the offspring of an animal
* Get (divorce document), in Jewish religious law
* GET (HTTP), a type of HTTP request
* "Get" (song), by the Groggers
* Georgia Time, used in the Republic of Georgia
* Get AS, a ...
(bill of divorce) – the increase was written as the base amount due the Bat-Kohen and not as a bonus.
The
Talmud Yerushalmi
The Jerusalem Talmud ( he, תַּלְמוּד יְרוּשַׁלְמִי, translit=Talmud Yerushalmi, often for short), also known as the Palestinian Talmud or Talmud of the Land of Israel, is a collection of rabbinic notes on the second-century ...
opines that the Bat-Kohen who marries a non-Kohen receives that standard two hundred Zuz amount, as a penalty for not marrying within the greater family of Kohanim.
Based on the research of A. Epstien, in his work "Toldot HaKetubah B'Yisrael", the recording of Four hundred Zuz in the ketubah of the Bat-Kohen was well in effect during the Amora period, but from thence onward, no mentioning of the increased amount is found in Rabbinic sources.
Design and language
The ''ketubah'' is a significant popular form of
Jewish ceremonial art
Jewish ceremonial art, also known as Judaica (), refers to an array of objects used by Jews for ritual purposes. Because enhancing a mitzvah by performing it with an especially beautiful object is considered a praiseworthy way of honoring God's ...
. ''Ketubot'' have 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 the
Talmud
The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the ce ...
,
Mishnah
The Mishnah or the Mishna (; he, מִשְׁנָה, "study by repetition", from the verb ''shanah'' , or "to study and review", also "secondary") is the first major written collection of the Jewish oral traditions which is known as the Oral Tor ...
, etc.), which cannot be decorated.
Traditional ''ketubot'' are not written in the
Hebrew language
Hebrew (; ; ) is a Northwest Semitic language of the Afroasiatic language family. Historically, it is one of the spoken languages of the Israelites and their longest-surviving descendants, the Jews and Samaritans. It was largely preserved ...
, but in
Aramaic
The Aramaic languages, short Aramaic ( syc, ܐܪܡܝܐ, Arāmāyā; oar, 𐤀𐤓𐤌𐤉𐤀; arc, 𐡀𐡓𐡌𐡉𐡀; tmr, אֲרָמִית), are a language family containing many varieties (languages and dialects) that originated in ...
, the lingua franca of Jews at the time ''ketubot'' became standardized. This was done in order to make sure the bride and groom understood the contract that was being signed. Many contemporary ''ketubot'' have translations into English or other vernacular languages or an accompanying vernacular text. Many
Conservative Jews
Conservative Judaism, known as Masorti Judaism outside North America, is a Jewish religious movements, Jewish religious movement which regards the authority of ''halakha'' (Jewish law) and traditions as coming primarily from its people and com ...
and other non-Orthodox Jews use ''ketubot'' written in Hebrew rather than in Aramaic. Others may use Aramaic ''ketubot'' but also have an additional official version in Hebrew.
In recent years ''ketubot'' have 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 the
Lieberman Clause
The Lieberman clause is a clause included in a ''ketubah'' (Jewish wedding document), created by and named after Talmudic scholar and Jewish Theological Seminary of America professor Saul Lieberman, that stipulates that divorce will be adjudicat ...
, 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
Role in wedding ceremony
In a traditional Jewish wedding ceremony, the ''ketubah'' is signed by two witnesses and traditionally read out loud under the
chuppah
A ''chuppah'' ( he, חוּפָּה, pl. חוּפּוֹת, ''chuppot'', literally, "canopy" or "covering"), also huppah, chipe, chupah, or chuppa, is a canopy under which a Jewish couple stand during their wedding ceremony. It consists of a c ...
between the
erusin
''Erusin'' () is the Hebrew term for betrothal. In modern Hebrew, "erusin" means engagement, but this is not the historical meaning of the term, which is the first part of marriage (the second part being '' nissuin'').
Since the Middle Ages it is ...
and
nissuin
A Jewish wedding is a wedding ceremony that follows Jewish laws and traditions. While wedding ceremonies vary, common features of a Jewish wedding include a ''ketubah'' (marriage contract) which is signed by two witnesses, a ''chuppah'' or ''hu ...
. 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. In
Orthodox Judaism
Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as revealed by God to Moses ...
, women are also not considered to be valid witnesses. The ketubah is handed to the bride (or, more commonly, to the bride's mother) for safekeeping.
Display
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 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 the
evil eye
The Evil Eye ( grc, ὀφθαλμὸς βάσκανος; grc-koi, ὀφθαλμὸς πονηρός; el, (κακό) μάτι; he, עַיִן הָרָע, ; Romanian: ''Deochi''; it, malocchio; es, mal de ojo; pt, mau-olhado, olho gordo; ar ...
. Historically, the ketubah specified whether the bride was a virgin. In Sephardic communities, it still specifies the actual contributions of the family to the new household and the divorce settlement; Ashkenazi communities have adopted the custom of having set amounts for all weddings.
''Conditio sine qua non''
According to Jewish law, spouses are prohibited from living together if the ketubah has been destroyed, lost, or is otherwise unretrievable.
Shulchan Aruch
The ''Shulchan Aruch'' ( he, שֻׁלְחָן עָרוּך , literally: "Set Table"), sometimes dubbed in English as the Code of Jewish Law, is the most widely consulted of the various legal codes in Judaism. It was authored in Safed (today in I ...
,
Even Haezer
( “The Stone of Help” or “The Rock of the ”) is a section of Rabbi Jacob ben Asher's compilation of halakha (Jewish law), ''Arba'ah Turim''. This section treats aspects of Jewish law related to marriage, divorce, and sexual conduct. Later, ...
66:3 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
File:-Ketubbah. Venice, Italy, 1750-.jpg, Marriage contract from Venice, Italy 1750
File:Ketubah from Venice.jpg, Marriage contract from Venice, Italy, 1765,
Jewish Museum of Switzerland
The Jewish Museum of Switzerland in Basel provides an overview of the religious and everyday history of the Jews in Basel and Switzerland using objects of ritual, art and everyday culture from the Middle Ages to the present.
History
The muse ...
File:Ketubah (16).jpg
File:Ketubah (1).jpg
File:Ketubah (11).jpg
File:Ketubah (12).jpg
File:Ketubah (13).jpg
File:Ketuba from Yeman.jpg, Yemenite Ketubah from 1794, now at the
Bezalel Academy of Arts and Design
Bezalel Academy of Arts and Design ( he, בצלאל, אקדמיה לאמנות ועיצוב) is a public college of design and art located in Jerusalem. Established in 1906 by Jewish painter and sculptor Boris Schatz, Bezalel is Israel's oldes ...
File:Ketuba from Yemen.jpg, Marriage contract from Yemen
File:Ketuba from Iraq.jpg, Marriage contract from Iraq
See also
*
Islamic marriage contract
An Islamic marriage contract is considered an integral part of an Islamic marriage, and outlines the rights and responsibilities of the groom and bride or other parties involved in marriage proceedings under Sharia. Whether it is considered a form ...
*
Quaker wedding
Quaker weddings are the traditional ceremony of marriage within the Religious Society of Friends. Quaker weddings are conducted in a similar fashion to regular Quaker meetings for worship, primarily in silence and without an officiant or a rigi ...
Rabbinical Assembly
The Rabbinical Assembly (RA) is the international association of Conservative rabbis. The RA was founded in 1901 to shape the ideology, programs, and practices of the Conservative movement. It publishes prayerbooks and books of Jewish interest, a ...
National Library of Israel
The National Library of Israel (NLI; he, הספרייה הלאומית, translit=HaSifria HaLeumit; ar, المكتبة الوطنية في إسرائيل), formerly Jewish National and University Library (JNUL; he, בית הספרים הלא ...