The Ketubah, an Ancient Marriage Contract

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The Wedding. Moritz Daniel Oppenheim (1861)

Marriage is a contract. In terms of religion, a couple that marries enters into the default contract defined by their faith. When two people agree to marriage in the absence of a written contract, they also accept the default contract provided by the state and its laws.

The state’s contract is essentially economic, despite the romantic glow in which modern culture dresses marriage. Anyone who does genealogical research quickly realizes that the recording of marriage followed closely on the recording of deeds and wills, which are among the earliest recorded personal contracts. Other records—birth, death, even divorce—came much later. Marriage and property are deeply enmeshed in law, impacting inheritance and ownership. In our modern era, other economic factors impacted by marriage laws include tax breaks, benefits, and entitlements.

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A ketubah from 1740.

These laws and customs have not always been kind to women. Not long ago, English Common Law, under the doctrine of coverture, held that a married couple was one person under the law. That person, of course was the husband. A woman gave up all legal right—even the right to her own children—when she married. In that arrangement, it isn’t difficult to understand the need for marriage settlements, particularly among the property classes. A contract designed to assure a woman and her children would have some financial means of support in the event of widowhood provided at least some protection where the law didn’t.

In our own day, pre-nuptial agreements spell out property rights, particularly among the super wealthy in a similar manner. Couples also may establish contracts that spell out everything from the division of labor to the custody of pets.

Long before any of that, the Jewish marriage contract, or ketubah, provided all married women with the security of certain financial arrangements. The earliest know example of a ketubah dates to 440 BC. Because such documents were legal rather than religious, they were written in Aramaic rather than Hebrew, and this one is no exception. It outlines settlements paid to the bride’s father and the amount both families contributed to the dowry. It explicitly names the wife as the beneficiary in the case of the husband’s death.

At no time in history has the ketubah had anything to do with purchasing a bride. In Judaic law husbands did not have property rights over their wives. The ketubah is a “charter of women’s rights in marriage and men’s duties.” A ketubah is not, actually, a contract between husband and wife. It is traditionally a document in which witnesses verify the groom has met his obligations and may marry, and that the bride has freely accepted his proposal. The witnesses testify that the groom will meet all human and financial obligations, “as Jewish husbands are wont to do.”

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A ketubah from Gibraltar, 1826.

The elements in a traditional ketubah are:

  • Date, place and names
  • Testimony that the proposal has been made
  • Promise of basic support to “honor, provide, and support.” The promise of food, clothing, and conjugal rights are a woman’s right and a husband’s obligation and considered so fundamental to marriage they would be required even without a contract. This is the heart of the contract.
  • Promise of specific amounts to the wife in the event the marriage terminates (designed as a deterrent to divorce in a male dominated society)
  • Testimony that the bride has accepted the proposal as outlined above.
  • Promise of a dowry given to the bride by her father including such items and valuable she might bring to her new home. The groom’s acceptance is noted and he provides and additional gift to the bride.
  • Testimony that the groom agrees to a mortgage or lien on all his belongings including “the mantle on my shoulders,” to meet the obligations of the contract should it become necessary.

The promise of the woman’s conjugal rights is interesting because of the contrast to other religious traditions. In Jewish tradition marriage is holy, and not entirely, or even primarily, intended for procreation. The Torah Genesis 2:18 states “it is not good for man to be alone,” indicating companionship as the goal of marriage. Refraining from marriage is frowned upon in the Jewish tradition.

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A Persian ketubah, 1879.

In “An Open Heart,” my contribution to the Bluestocking Belles’ 2016 holiday anthology, Holly and Hopeful Hearts, Adam proposes to Esther privately first to make sure she is willing. She accepts his proposal publicly when it is put to her by a matchmaker, but begins to question the elements of the ketubah. To the horror of the matchmaker and her elders, she and Adam agree to add clauses about the education of their daughters. Esther demands that they receive equal opportunity for at least Judaic learning within the family, while the two of them continue to support women’s education more broadly.

Now couples routinely modify the traditional text to reflect their beliefs going much farther than Esther and Adam. One site lists texts for Orthodox, Conservative, Reform, Interfaith, Same Sex, Secular Humanist, and Sephardic marriages as well as a “write your own” option. Couples generally sign the ketubah shortly before the wedding, as do two witnesses. The document becomes a family treasure, often a work of art in fine calligraphy that is framed and hung in the home.

holly-and-hopeful-hearts-2Caroline Warfield grew up in a peripatetic army family and had a varied career (largely centered on libraries and technology) before retiring to the urban wilds of Eastern Pennsylvania. She is ever a traveler and adventurer, enamored of owls, books, history, and beautiful gardens (but not the act of gardening). She is married to a prince among men.

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Sources

Encyclopaedia Britannica: Coverture

Ketubah.com: The Origins of the Ketubah.

Lamm, Maurice. The Marriage Contract (Ketubah). Chabad.org.

Rich, Tracey. Marriage. Judaism 101.

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Guy Fawkes Night: 400 Years of Fire and Madness

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The conspirators. Crispijn van de Passe

Guy Fawkes and the Gunpowder Plot

“Remember, remember the fifth of November” is more than just a line from V for Vendetta. Also known as Bonfire Night, Guy Fawkes Day (or Night) is a holiday celebrated every year on the fifth of November in the UK. Bigger and more widely celebrated than Halloween, people get together after dark to drink mulled wine and watch massive displays of fireworks. But what is it, where did it come from, and what did Guy Fawkes do that was so great?

The Gunpowder Plot was a conspiracy planned by a group of English Catholics to assassinate the Protestant James I and to replace him with a Catholic leader. On November 5th, 1605, Guy Fawkes was arrested while guarding explosives that had been stashed beneath the House of Lords for this very purpose. Fawkes was tortured into a confession and was sentenced to a traitor’s execution of hanging, drawing, and quartering, but managed to end his own life by throwing himself from the scaffold to avoid suffering the rest.

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The Execution of Guy Fawkes. Claes Jansz Visscher.

Why would we celebrate that?!

The tradition started that very week when people around London lit bonfires to celebrate that King James had survived the plot. In 1606, the Observance of 5th November Act actually enforced annual celebration on this day. It became known as Gunpowder Treason Day, and was celebrated on command every November.

Three Hundred Years of Madness

If it’s not weird enough for you to be ordered to celebrate, you just can’t have that much fire and booze without attracting a certain amount of madness. Gunpowder Treason Day became the focus of a lot of anti-Catholic sentiment, with effigies of the pope being burned alongside other hate figures. This only got worse when Charles I married the Catholic Henrietta Maria in 1625. During the Interregnum, Parliamentarians feared further Catholic plots, and fueled the paranoia of the public by suggesting that Catholics were plotting to blow them up, too.

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“The Guy Fawkes of 1850, Preparing to Blow Up All of England!”Anti-Catholic cartoon in Punch, November 1850.

The Restoration of Charles II brought new life to the holiday. It became a celebration of “God’s preservation of the English Throne” and was taken over by London’s apprentices as a sort of fire festival “attacking sobriety and good order.” The fires got bigger and the celebrations madder and more violent until fireworks and bonfires were banned by the London militia in 1682.

The damage had already been done, however, and celebrations continued in various forms over the years, all incorporating the element of fire. Frequent violence between the classes in the nineteenth century only added to the festivities, and the Observance of 5th November Act was finally repealed in 1859 (but the violence continued into the twentieth century).

Guy Fawkes Today

Sometime during the late 18th century, children began to drag effigies of Guy Fawkes around while begging for pennies “for the Guy.” This became a tradition, and Gunpowder Treason Day gradually became known as Guy Fawkes Day (also Guy Fawkes Night and Bonfire Night). Today it’s a pretty harmless and family-friendly holiday celebrated with fireworks, music, and if you’re unlucky, laser shows. In most places in Britain, you’ll be hard-pressed to find an effigy of anybody, let alone an open flame. People may not be cooking potatoes on sticks over bonfires anymore, but food trucks aren’t usually far away.

For those of you who have read Alan Moore’s V for Vendetta or seen the movie but missed the context, the Gunpowder Plot is a pretty central theme and is repeated through the use of one of the traditional rhymes, V’s plan, and his Guy Fawkes mask.

Here’s one of the better known (and actually least unsettling) Guy Fawkes Day rhymes:

Remember, remember the fifth of November
Gunpowder, treason and plot.
I see no reason, why gunpowder treason
Should ever be forgot.

Guy Fawkes, guy, t’was his intent
To blow up king and parliament.
Three score barrels were laid below
To prove old England’s overthrow.

By God’s mercy he was catch’d
With a darkened lantern and burning match.
So, holler boys, holler boys, Let the bells ring.
Holler boys, holler boys, God save the king.

And what shall we do with him?

Burn him!