Ketubah — what exactly is this Jewish Marriage Contract?

When we think of weddings, we are often thinking of the marriage ceremony, the music, the people, and the celebration. Often forgotten in those moments is what people are celebrating — the legally-binding relationship of two individuals. In the civil system, there are two parts to a making a marriage official: the marriage contract, and the marriage ceremony. Judaism, like our civil system, requires multiple stages, and like the civil system, both stages are important, but especially important to Jewish law is the creation and signing of the marriage contract (“ketubah”).[1]

As part of the wedding, the ketubah is signed by two witnesses and read aloud to ensure the legitimacy of the marriage. The ketubah typically defines the parties’ rights and obligations and is traditionally entered into by man and woman consensually.[2] The obligations laid out in the ketubah are not limited to marriage, they also govern things like the death of a spouse; but, most relevant here, they lay out terms to protect the wife, (traditionally), in the event the couple divorces.[3] Sources explain that the ketubah was intended to make divorce too expensive for husbands to acquire without cause against the wife.[4] Often, the ketubah is given to the wife, to prevent a unilateral exercise of the husband’s power to secure a divorce. Traditionally, husbands have retained sole power to give a get (religious divorce decree) to their wife; the Beit Din (rabbinic courts) cannot issue a divorce solely upon the wife’s request, even with cause.[5]

Married couples often enjoy the process of selecting the perfectly ornate Ketubah, which they may then display in their home as a symbol of their marriage commitment and a memory of their wedding day. Most, however, do not consider the potential leveraging power the ketubah holds. The ketubah may be leveraged in either the religious or civil divorce proceeding. The religious source text governing religious divorce, or the granting of a get, are found in Deuteronomy 24:1–4, which grants the husband unilateral authority to divorce, and provides examples of valid reasons for husbands to seek a divorce.[6] Although the marriage must be entered into through mutual consent, the ending of a marriage may be unilateral where a man decides, for reasons such as no longer finding her appealing, he may then write her a bill of divorce, hand it to her, and send her on her way from his house.[7] Therefore, once the wife is handed the get, she has notice, and the marriage is dissolved, leaving each free to marry. Deuteronomy 24:2. This leaves the woman entering a marriage with mutual power to consent, but once in the marriage, the husband has unilateral power to decide when a get is to be granted.[8]

Much of this blog is tailored toward the traditional marriage occurring between a man and a woman. Today, however, most Jewish denominations do recognize same-sex marriages. Throughout some of the other subjects such as gets, get refusals, pre-nuptial agreements and other potential solutions I have explored since the start of my research into the issues (and their solutions) created by husbands who refuse to grant their wife a get, (also known as a recalcitrant husband), I will also touch on some of the differences that come about since the recognition of same-sex marriage by those denominations. For further understanding involving some of the laws governing marriage, divorce, forcing the divorce, and Israeli law, please look here: (https://static1.squarespace.com/static/52a75d36e4b06a3e88b21253/t/52b8739de4b08fdf36367058/1387819933674/Who+Divorces+Whom-Uri+L%27tzedek_0.pdf).

[1] Judaism 101, https://www.jewfaq.org/marriage.htm#Kiddushin (Oct 8, 2021).

[2] Alexandra Leichter, Jewish Divorce and Family Law: The Ketubah and the Get, Family Lawyer Magazine (Oct. 8, 2021), https://familylawyermagazine.com/articles/jewish-divorce-and-family-law-the-ketubah-and-the-get/.

[3] Chained Against Her Will: What a Get Mean for Women Under Jewish Law, 34 Touro L. Rev. at 762.

[4] Rafael Hope, Signing the Ketubah: Who CAN Sign It? (And Who SHOULD?), Amen v’amen, https://amenvamen.com/ketubah-signing.

[5] Michelle Kariyeva, Chained Against Her Will: What a Get Mean for Women Under Jewish Law, 34 Touro L. Rev. 757, 773 (2018).

[6] Segaria, https://www.sefaria.org/Deuteronomy.24.1?lang=bi&aliyot=0 (last visited Oct. 6, 2021).

[7] Religious Tribunals and Secular Courts: Navigating Power and Powerlessness, 41 Pepp. L. Rev. at 1000.

[8] Segaria, https://www.sefaria.org/Deuteronomy.24.1?lang=bi&aliyot=0 (last visited Oct. 6, 2021).