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The Ketubah is one of the oldest elements of
a Jewish marriage, if not the most romantic. Without a Ketubah there
is no marriage. Traditionally the Ketubah is a legal contract written
in Aramaic, which was the lingua franca of the ancient world and
the legal language of the Talmud, as opposed to Hebrew, which was
and still is the language of prayer and poetry. It outlines a husband's
obligations to his wife, safeguarding her from arbitrary divorce
and providing for her should the marriage somehow be dissolved.
Two witnesses sign the document, and the Ketubah becomes the wife's
property, her insurance, recognized by the Bet Din, or Jewish court;
her marriage contract. For the first century CE this was quite advanced,
allowing women the importance that they deserve in the marriage.
The Ketubah became the first pre-nuptial agreement. While the core
of the text was the financial agreement, various couples and communities
adapted the Ketubah to reflect their time and concerns.
The Ketubah is a document that
has traditionally outlined a husband's obligation towards his wife,
including clothing and conjugal rights. References to these obligations
can be found in Exodus (21:10,11) although no mention is made of
a document. The Apocrypha, however, contains mention of a scroll
that was brought to the marriage ceremony of Tobias and Sarah, an
early form of the Ketubah.
During the Babylonian Exile,
586-536 B.C.E., the need arose to protect women regarding property
that was held in her husband's name. Many men migrated to Egypt
and left wives and families behind. The Babylonian predilection
for written legal contracts was a firm basis for the start of the
Ketubah. Papyrus records dating from around 440 B.C.E. in Aramaic
(a later form of Hebrew) clearly outline the principle of securing
the wife's property. Included in this document is the sum of the
bridal price paid to the father of the bride, as well as the sum
of the bride and bridegroom's dower contribution. In addition, the
wife is named as the beneficiary of the estate should the husband
die.
Nearly four hundred year later,
the Ketubah introduced a price that would be paid by the husband
to the bride on the death or dissolution of the marriage. The Ketubah
became a contract written by the groom and was presented to the
bride. The earliest actual Ketubah formula is set down in the Talmud
and exists today in the Orthodox text.
The practice of illuminating
manuscripts and of decorating ritual objects goes back many thousands
of years. The concept of Hiddur Mitzvah, or the beautification of
a mitzvah, has led to the creation of legacy of Jewish ritual art
objects. Richly decorated Ketubot can be found in the great museums
of the world from Persia, Italy, Turkey and even the United States.
The design of a Ketubah would often reflect the style of the times,
and could include symbols of the country such as flags or crowns.
Jewish symbols were also prevalent - the lions of Judah can often
be seen in historical Ketubot as well as Hebrew calligraphy in stylized
forms.
Modern Ketubah texts have followed
social convention in creating equality between Bride and Groom in
terms the exchange of vows. Some texts duplicate the wording for
each spouse and others simply leave out all monetary consideration.
Some rabbis allow the couple to add to the text or to devise their
own texts. This practice keeps with a tradition in which a Ketubah
would include family history, achievement and lineage as part of
the design. In general, as all Jewish ritual has evolved to suit
the times, so too has the Ketubah evolved in text and design.
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