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, theketubah has no agreed monetary value, and is seldom enforced by civil courts, except in Israel.[3]
According to theBabylonian Talmud, theketubah was 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-Chinuch suggests a different reason: "...theTorah 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 aharlot, where there is no other act that precedes what goes on between them..."[6]
Therabbis in ancient times insisted on the marriage couple entering into theketubah as 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] Theketubah 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 ordivorce. The biblicalmohar created a major social problem: many young prospective husbands could not raise themohar 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.[8] The mechanism adopted was to provide for themohar to be a part of theketubah. Both themohar and theketubah 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 toalimony in the event of divorce.
Theketubah amount served as a disincentive for the husband contemplatingdivorcing 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 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 always1⁄8 the 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'sketubah amounted to 504grams of fine silver.[11]
Monies pledged in a woman'sketubah can be written in local currencies, but must have the transactional market-value of the aforementioned weight in silver. Mostketubot also 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.
Theketubah ofBabatha, a 2nd-century woman who lived near theDead Sea, was discovered in 1960 in theCave of Letters.[12]
Over two hundredketubot were 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.
The content of theketubah is in essence a two-way contract that formalizes the various requirements byHalakha (Jewish law) of a Jewish husbandvis-à-vis his wife. The Jewish husband takes upon himself in theketubah the 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 aketubah is 200zuz for a virgin, and 100zuz otherwise (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 theketubah essentially dictates the wife's rights in the marriage and provides for her security and protection. (Conservative Jews often 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 Rabbinate in 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 David decree 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]
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 Yerushalmi opines 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]
Theketubah is a significant popular form ofJewish ceremonial art.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 theTalmud,Mishnah, etc.), which cannot be decorated.
Traditionalketubot are not written in theHebrew language, but inAramaic, thelingua franca of Jews at the timeketubot became standardized. This was done in order to make sure the bride and groom understood the contract that was being signed. Many contemporaryketubot have translations into English or other vernacular languages or an accompanying vernacular text. ManyConservative Jews and other non-Orthodox Jews useketubot written in Hebrew rather than in Aramaic. Others may use Aramaicketubot but also have an additional official version in Hebrew.[25]
In recent yearsketubot 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 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.
In a traditionalJewish wedding ceremony, theketubah is signed by two witnesses and traditionally read out loud under thechuppah between theerusin andnissuin. 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. Theketubah is handed to the bride (or, more commonly, to the bride's mother) for safekeeping.
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. InSephardic 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.
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.
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