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Jewish views on marriage

Marriage in Judaism is the documentation of a contract between a Jewish man and a Jewish woman in which God is involved. In Judaism, a marriage can end either because of a divorce document given by the man to his wife, or by the death of either party. Certain details, primarily as protections for the wife, were added in Talmudic times.[1]

A Jewish wedding (1903) by Jozef Israëls
Jewish marriage certificate, dated 1740 (Brooklyn Museum)

Non-Orthodox developments have brought changes in who may marry whom. Intermarriage is often discouraged, though opinions vary.[2]

Overview edit

Historic view edit

In traditional Judaism, marriage is viewed as a contractual bond commanded by God in which a Jewish man and a Jewish woman come together to create a relationship in which God is directly involved. Though procreation is not the sole purpose, a Jewish marriage is traditionally expected to fulfil the commandment to have children.[3] In this view, marriage is understood to mean that the husband and wife are merging into a single soul, which is why a man is considered "incomplete" if he is not married, as his soul is only one part of a larger whole that remains to be unified.[4][5]

Rashi explains the verse 'becoming one flesh' (of a man and a woman) as referring to children, whereas Nachmanides understands the verse as referring to sexual union/bonding. Both views are Orthodox and normative; both are interpretations of the Biblical verse discussing the union between a man and a woman.[citation needed]

Recent non-Orthodox views edit

Non-Orthodox Jewish denominations, such as Reconstructionist, Reform, and Conservative Judaism, recognize same-sex marriage, and de-emphasize procreation, focusing on marriage as a bond between a couple.[6][7]

Betrothal and marriage edit

 
The Jewish Bride (Rembrandt, 1662–6)

In Jewish law, marriage consists of two separate acts, called erusin or kiddushin,[a] which is the betrothal ceremony, and nissu'in or chupah, the actual Jewish wedding ceremony. Erusin changes the couple's personal circumstances, while nissu'in brings about the legal consequences of the change of circumstances. In Talmudic times, these two ceremonies usually took place up to a year apart; the bride lived with her parents until the actual marriage ceremony (nissuin), which would take place in a room or tent that the groom had set up for her. Since the Middle Ages the two ceremonies have taken place as a combined ceremony performed in public.[citation needed]

According to the Talmud,[8] erusin involves the groom handing an object to the bride – either an object of value such as a ring, or a document stating that she is being betrothed to him. In order to be valid, this must be done in the presence of two unrelated male witnesses. After erusin, the laws of adultery apply, and the marriage cannot be dissolved without a religious divorce. After nisuin, the couple may live together.

The act of erusin may be made by the intending parties or by their respective parents or other relatives on their behalf with their consent. A man and a woman cannot be betrothed to one another without agency and consent.[9] The act is formalized in a document known as the Shtar Tena'im, the "Document of Conditions" which is read prior to the badekin. After the reading, the mothers of the future bride and groom break a plate. Today, some sign the contract on the day of the wedding, some do it as an earlier ceremony, and some do not do it at all. It should also be emphasized that this practice is not explicitly mentioned in the Hebrew Bible.[citation needed]

In Haredi communities, marriages may be arranged by the parents of the prospective bride and groom, who may arrange a shidduch by engaging a professional match-maker (shadchan) who finds and introduces the prospective bride and groom and receives a fee for their services. The young couple is not forced to marry if either does not accept the other.[10]

Matrimony edit

Marital harmony edit

Marital harmony, known as shalom bayis, is valued in Jewish tradition. The Talmud states that a man should love his wife as much as he loves himself, and honour her more than he honours himself;[11] indeed, one who honours his wife was said, by the classical rabbis, to be rewarded with wealth.[12] Similarly, a husband was expected to discuss with his wife any worldly matters that might arise in his life.[12] The Talmud forbids a husband from being overbearing to his household,[13] and domestic abuse by him was also condemned.[14] It was said of a wife that "God counts her tears".[14]

As for the wife, the greatest praise the Talmudic rabbis offered to any woman was that given to a wife who fulfils the wishes of her husband;[15] to this end, an early midrash states that a wife should not leave the home "too frequently".[16] A wife, also, was expected to be modest, even when alone with her husband.[17] God's presence dwells in a pure and loving home.[18]

Conjugal rights and obligations edit

Marriage obligations and rights in Judaism are ultimately based on those apparent in the Bible, which have been clarified, defined, and expanded on by many prominent rabbinic authorities throughout history.

Traditionally, the obligations of the husband include providing for his wife. He is obligated to provide for her sustenance for her benefit; in exchange, he is also entitled to her income. However, this is a right to the wife, and she can release her husband of the obligation of sustaining her, and she can then keep her income exclusively for herself. The document that provides for this is the ketubah.

The Bible itself gives the wife protections, as per Exodus 21:10,[19] although the rabbis may have added others later. The rights of the husband and wife are described in tractate Ketubot in the Talmud, which explains how the rabbis balanced the two sets of rights of the wife and the husband.

According to the non-traditional view, in the Bible the wife is treated as a possession owned by her husband,[20] but later Judaism imposed several obligations on the husband, effectively giving the wife several rights and freedoms;[20] indeed, being a Jewish wife was often a more favourable situation than being a wife in many other cultures.[20] For example, the Talmud establishes the principle that a wife is entitled, but not compelled, to the same dignity and social standing as her husband,[21][22] and is entitled to keep any additional advantages she had as a result of her social status before her marriage.[21][22]

In the Bible edit

Biblical Hebrew has two words for "husband": ba'al (also meaning "master"), and ish (also meaning "man", parallel to isha meaning "woman" or "wife"). The words are contrasted in Hosea 2:16, where God speaks to Israel as though it is his wife: "On that day, says the Lord, you will call [me] 'my husband' (ish), and will no longer call me 'my master' (ba'al)."[23]

Early nomadic communities practised a form of marriage known as beena, in which a wife would own a tent of her own, within which she retains complete independence from her husband;[24] this principle appears to survive in parts of early Israelite society, as some early passages of the Bible appear to portray certain wives as each owning a tent as a personal possession[24] (specifically, Jael,[25] Sarah,[26] and Jacob's wives).[27] In later times, the Bible describes wives as being given the innermost room(s) of the husband's house, as her own private area to which men were not permitted;[28] in the case of wealthy husbands, the Bible describes their wives as having each been given an entire house for this purpose.[29]

It was not, however, a life of complete freedom. The descriptions of the Bible suggest that a wife was expected to perform certain household tasks: spinning, sewing, weaving, manufacture of clothing, fetching of water, baking of bread, and animal husbandry.[30] The Book of Proverbs contains an entire acrostic about the duties which would be performed by a virtuous wife.[31]

The husband, too, is indirectly implied to have responsibilities to his wife. The Torah obligates a man to not deprive his wife of food, clothing, or of sexual activity (onah);[32] if the husband does not provide the first wife with these things, she is to be divorced, without cost to her.[33] The Talmud interprets this as a requirement for a man to provide food and clothing to, and have sex with, each of his wives, even if he only has one.[14]

As a polygynous society, the Israelites did not have any laws which imposed monogamy on men.[34][35] Adulterous married and betrothed women, as well as their male accomplices, were subject to the death penalty by the biblical laws against adultery.[36] According to the Book of Numbers, if a woman was suspected of adultery, she was to be subjected to the ordeal of the bitter water,[37] a form of trial by ordeal, but one that took a miracle to convict. The literary prophets indicate that adultery was a frequent occurrence, despite their strong protests against it,[38] and these legal strictnesses.[34]

In the Talmud and Rabbinic Judaism edit

The Talmud sets a minimum provision which a husband must provide to his wife:[14]

  • Enough bread for at least two meals a day
  • Sufficient oil for cooking and for lighting purposes
  • Sufficient wood for cooking
  • Fruit and vegetables
  • Wine, if it is customary in the locality for women to drink it
  • Three meals on each shabbat consisting of fish and meat
  • An allowance of a silver coin (Hebrew: ma'ah) each week

Rabbinic courts could compel the husband to make this provision, if he fails to do so voluntarily.[39] The Chatam Sofer, a prominent 19th century halachic decisor, argued that if a man could not provide his wife with this minimum, he should be compelled to divorce her;[40] other Jewish rabbis argued that a man should be compelled to hire himself out, as a day-labourer, if he cannot otherwise make this provision to his wife.[14]

According to prominent Jewish writers of the Middle Ages, if a man is absent from his wife for a long period, the wife should be allowed to sell her husband's property, if necessary to sustain herself.[41][42] Similarly, they argued that if a wife had to take out a loan to pay for her sustenance during such absence, her husband had to pay the debt on his return.[41][42]

In order to offset the husband's duty to support his wife, she was required by the Talmud to surrender all her earnings to her husband, together with any profit she makes by accident, and the right of usufruct on her property;[43] the wife was not required to do this if she wished to support herself.[43] Although the wife always retained ownership of her property itself, if she died while still married to her husband, he was to be her heir, according to the opinion of the Talmud;[43] this principle, though, was modified, in various ways, by the rabbis of the Middle Ages.[14]

Home and household edit

In Jewish tradition, the husband was expected to provide a home for his wife, furnished in accordance to local custom and appropriate to his status;[14] the marital couple were expected to live together in this home, although if the husband's choice of work made it difficult to do so, the Talmud excuses him from the obligation.[44] Traditionally, if the husband changed his usual abode, the wife was considered to have a duty to move with him.[14] In the Middle Ages, it was argued that if a person continued to refuse to live with their spouse, the spouse in question had sufficient grounds for divorce.[45][46]

Most Jewish religious authorities held that a husband must allow his wife to eat at the same table as him, even if he gave his wife enough money to provide for herself.[14] By contrast, if a husband mistreated his wife, or lived in a disreputable neighbourhood, the Jewish religious authorities would permit the wife to move to another home elsewhere, and would compel the husband to finance her life there.[14]

Expanding on the household tasks which the Bible implies a wife should undertake,[20] rabbinic literature requires her to perform all the housework (such as baking, cooking, washing, caring for her children, etc.), unless her marriage had given the husband a large dowry;[14] in the latter situation, the wife was expected only to tend to "affectionate" tasks, such as making his bed and serving him his food.[14] Jewish tradition expected the husband to provide the bed linen and kitchen utensils.[14] If the wife had young twin children, the Talmud made her husband responsible for caring for one of them.[47]

Clothing edit

The Talmud elaborates on the biblical requirement of the husband to provide his wife with clothing, by insisting that each year he must provide each wife with 50 zuzim's-worth of clothing,[48] including garments appropriate to each season of the year.[14] The Talmudic rabbis insist that this annual clothing gift should include one hat, one belt, and three pairs of shoes[49] (one pair for each of the three main annual festivals: Passover, Shabu'ot, and Sukkoth).[48] The husband was also expected by the classical rabbis to provide his wife with jewelry and perfumes if he lived in an area where this was customary.[14]

Physical obligations edit

The Talmud argues that a husband is responsible for the protection of his wife's body. If his wife became ill, then he would be compelled, by the Talmud, to defray any medical expense which might be incurred in relation to this;[43] the Talmud requires him to ensure that the wife receives care.[43] Although he technically had the right to divorce his wife, enabling him to avoid paying for her medical costs, several prominent rabbis throughout history condemned such a course of action as inhuman behaviour, even if the wife was suffering from a prolonged illness.[14]

If the wife dies, even if not due to illness, the Talmud's stipulations require the husband to arrange, and pay for, her burial;[50] the burial must, in the opinion of the Talmud, be one conducted in a manner befitting the husband's social status, and in accordance with the local custom.[50] Prominent rabbis of the Middle Ages clarified this, stating that the husband must make any provisions required by local burial customs, potentially including the hiring of mourners and the erection of a tombstone.[51][52] According to the Talmud, and later rabbinic writers, if the husband was absent, or refused to do these things, a rabbinical court should arrange the wife's funeral, selling some of the husband's property in order to defray the costs.[51][52]

If the wife was captured, the husband was required by the Talmud and later writers to pay the ransom demanded for her release;[53][54][55][56] there is some debate whether the husband was required only to pay up to the wife's market value as a slave,[57] or whether he must pay any ransom, even to the point of having to sell his possessions to raise the funds.[14] If the husband and wife were both taken captive, the historic Jewish view was that the rabbinic courts should first pay the ransom for the wife, selling some of the husband's property in order to raise the funds.[53][54][55][56]

Fidelity edit

In the classical era of the rabbinic scholars, the death penalty for adultery was rarely applied. It forbids conviction if:

  • the woman had been raped, rather than consenting to the crime;[58]
  • the woman had mistaken the paramour for her husband;[35]
  • the woman was unaware of the laws against adultery before she committed the crime;[35]
  • the woman had not been properly warned. This requires that the two witnesses testifying against her warn her that the Torah prohibits adultery; that the penalty for adultery is death; and that she immediately responded that she is doing so with full knowledge of those facts. Even if she was warned, but did not acknowledge those facts immediately upon hearing them, and immediately before doing the act, she is not put to death. These conditions apply in all death-penalty convictions.[59]

These rules made it practically impossible to convict any woman of adultery; in nearly every case, women were acquitted.[35] However, due to the belief that a priest should be untainted, a Kohen was compelled to divorce his wife if she had been raped.[35][60]

In Talmudic times, once the death penalty was no longer enforced for any crime,[61] even when a woman was convicted, the punishment was comparatively mild: adulteresses were flogged instead.[35] Nevertheless, the husbands of convicted adulteresses were not permitted by the Talmud to forgive their guilty wives, instead being compelled to divorce them;[62] according to Maimonides, a conviction for adultery nullified any right that the wife's marriage contract (Hebrew: ketubah) gave her to a compensation payment for being divorced.[63] Once divorced, an adulteress was not permitted, according to the Talmudic writers, to marry her paramour.[64]

As for men who committed adultery (with another man's wife), Abba ben Joseph and Abba Arika are both quoted in the Talmud as expressing abhorrence, and arguing that such men would be condemned to Gehenna.[65]

Family purity edit

The laws of "family purity" (taharat hamishpacha) are considered an important part of an Orthodox Jewish marriage, and adherence to them is (in Orthodox Judaism) regarded as a prerequisite of marriage. This involves observance of the various details of the menstrual niddah laws. Orthodox brides and grooms attend classes on this subject prior to the wedding. The niddah laws are regarded as an intrinsic part of marital life (rather than just associated with women). Together with a few other rules, including those about the ejaculation of semen, these are collectively termed "family purity".

Sexual relations edit

In marriage, conjugal relations are guaranteed as a fundamental right for a woman, along with food and clothing.[66] This obligation is known as onah.[citation needed] Sex within marriage is the woman's right, and the man's duty. The husband is forbidden from raping his wife, they are not to be intimate while drunk or while either party is angry at the other. A woman should be granted a get (divorce) if she seeks it because her husband is disgusting or loathsome to her. If either partner consistently refuses to participate, that person is considered rebellious, and the other spouse can sue for divorce.[67]

Age of marriage edit

Citing the primacy of the divine command given in Genesis 1:28, the time between puberty and age twenty has been considered the ideal time for men and women to be wed in traditional Jewish thought. Some rabbis have gone further to commend the age of eighteen as most ideal, while others have advocated for the time immediately following puberty, closer to the age of fourteen, essentially "as early in life as possible."[68] Babylonian rabbis understood marriage as God's means of keeping male sexuality from going out of control, so they advocated for early marriage to prevent men from succumbing to temptation in their youth.[69] The ḳeṭannah (children aged three to twelve) might be given in marriage by her father, and the marriage was valid, necessitating a formal divorce if separation was desired. It is not permissible to have sexual intercourse with children prior the age of three according to Niddah 44b in the talmud.[70]Some commended early marriage for its benefits: Rabbi Ḥisda maintained that early marriage could lead to increased intelligence.[68]

A large age gap between spouses, in either direction, is advised against as unwise.[71] A younger woman marrying a significantly older man however is especially problematic: marrying one's young daughter to an old man was declared as reprehensible as forcing her into prostitution.[72] Moreover, it is problematic for an older man to be unmarried in the first place. Marriage is held to be uniquely mandatory for men, and an unmarried man over the age of twenty is considered "cursed by God Himself."[68]

There is evidence however that in some communities males did not marry until "thirty or older."[73] In medieval Jewish Ashkenazi communities, women continued to be married young.[74] Since the Enlightenment, young marriage has become rarer among Jewish communities.[75]

Consent edit

According to the Talmud, a father is commanded not to marry his daughter to anyone until she grows up and says, "I want this one".[76] A marriage that takes place without the consent of the girl is not an effective legal marriage.[77]

A ketannah (literally meaning "little [one]") was any girl between the age of 3 years and that of 12 years plus one day;[78] she was subject to her father's authority, and he could arrange a marriage for her without her agreement.[78] However, after reaching the age of maturity, she would have to agree to the marriage to be considered as married.[79][80] If the father was dead or missing, the brothers of the ketannah, collectively, had the right to arrange a marriage for her, as had her mother.[78] In these situations, a ketannah would always have the right to annul her marriage, even if it was the first.[81]

If the marriage did end (due to divorce or the husband's death), any further marriages were optional; the ketannah retained her right to annul them.[81] The choice of a ketannah to annul a marriage, known in Hebrew as mi'un (literally meaning "refusal", "denial", "protest"),[81] led to a true annulment, not a divorce; a divorce document (get) was not necessary,[82] and a ketannah who did this was not regarded by legal regulations as a divorcee, in relation to the marriage.[83] Unlike divorce, mi'un was regarded with distaste by many rabbinic writers,[81] even in the Talmud;[84] in earlier classical Judaism, one major faction – the House of Shammai – argued that such annulment rights only existed during the betrothal (not engagement) period (erusin) and not once the actual marriage (nissu'in) had begun.[85]

Intermarriage edit

Rates of marriage between Jews and non-Jews have increased in countries other than Israel (the Jewish diaspora). According to the National Jewish Population Survey 2000-01, 47% of marriages involving Jews in the United States between 1996 and 2001 were with non-Jewish partners. Jewish leaders in different branches generally agree that possible assimilation is a crisis, but they differ on the proper response to intermarriage.

Attitudes edit

  • All branches of Orthodox Judaism do not sanction the validity or legitimacy of intermarriages.
  • Conservative Judaism does not sanction intermarriage, but encourages acceptance of the non-Jewish spouse within the family, hoping that such acceptance will lead to conversion.
  • Reform Judaism and Reconstructionist Judaism permit total personal autonomy in interpretation of Jewish Law, and intermarriage is not forbidden. Reform and Reconstructionist rabbis are free to take their own approach to performing marriages between a Jewish and non-Jewish partner. Many, but not all, seek agreement from the couple that the children will be raised as Jewish.

There are also differences between streams on what constitutes an intermarriage, arising from their differing criteria for being Jewish in the first place. Orthodox Jews do not accept as Jewish a person whose mother is not Jewish, nor a convert whose conversion was conducted under the authority of a more liberal stream.

Interracial Marriage edit

Jewish prohibitions on marriage typically concern interfaith marriages. There is no historical prohibition of interracial marriage, nor is there explicit permission of such. However, debates around Numbers 12:1 suggest that Zipporah, the wife of Moses, is described as a "Cushite woman" to highlight a potentially much darker skin tone. Under modern social constructs, this would constitute Moses's marriage as an interracial one. However, there is no concrete proof that the Cushite woman referred to in Numbers is the same Zipporah from Exodus.

Marriage in Israel edit

In Israel, the only institutionalized form of Jewish marriage is the religious one, i.e., a marriage conducted under the auspices of the rabbinate. Specifically, marriage of Israeli Jews must be conducted according to Jewish Law (halakha), as viewed by Orthodox Judaism. One consequence is that Jews in Israel who cannot marry according to Jewish law (e.g., a kohen and a divorcée, or a Jew and one who is not halachically Jewish), cannot marry each other. This has led for calls, mostly from the secular segment of the Israeli public, for the institution of civil marriage.[86][87]

Some secular-Jewish Israelis travel abroad to have civil marriages, either because they do not wish an Orthodox wedding or because their union cannot be sanctioned by halakha. These marriages are legally recognized by the State, but are not recognized by the State Rabbinate.

Marriages performed in Israel must be carried out by religious authorities of an official religion (Judaism, Islam, Christianity, or Druze), unless both parties are without religion.

Divorce edit

Halakha (Jewish Law) allows for divorce. The document of divorce is termed a get. The final divorce ceremony involves the husband giving the get document into the hand of the wife or her agent, but the wife may sue in rabbinical court to initiate the divorce.[88] In such a case, a husband may be compelled to give the get, if he has violated any of his numerous obligations outlined in Jewish law and the couple's specific ketubah;[89] Historically, this was sometimes accomplished by beating and or monetary coercion.[90] The rationale was that since he was required to divorce his wife due to his (or her) violations of the contract, his good inclination desires to divorce her, and the community helps him to do what he wants to do anyway. In this case, the wife may or may not be entitled to a payment.[91]

Since around the 12th century, some officials within Judaism have recognized the right of a wife abused physically or psychologically to a forced divorce.[92][93]

Conservative Judaism follows halacha, although differently than Orthodox Judaism. Reform Jews usually use an egalitarian form of the Ketubah at their weddings. They generally do not issue Jewish divorces, seeing a civil divorce as both necessary and sufficient; however, some Reform rabbis encourage the couple to go through a Jewish divorce procedure. Orthodox Judaism does not recognize civil law as overriding religious law, and thus does not view a civil divorce as sufficient. Therefore, a man or woman may be considered divorced by the Reform Jewish community, but still married by the Conservative community. Orthodox Judaism usually does not recognize Reform weddings because according to Talmudic law, the witnesses to the marriage must be Jews who observe halakha, which is believed by Orthodox authorities to seldom be the case in Reform weddings.[94]

Agunah edit

Traditionally, when a husband fled, or his whereabouts were unknown for any reason, the woman was considered an agunah (literally "an anchored woman"), and was not allowed to remarry; in traditional Judaism, divorce can only be initiated by the husband. Prior to modern communication, the death of the husband while in a distant land was a common cause of this situation. In modern times, when a husband refuses to issue a get due to money, property, or custody battles, the woman who cannot remarry is considered a Mesorevet get, not an agunah. A man in this situation would not be termed a Misarev Get (literally, "a refuser of a divorce document"), unless a legitimate Beis Din had required him to issue a Get. The term agunah is often used in such circumstances, but it is not technically accurate.

Within both the Conservative and Orthodox communities, there are efforts to avoid situations where a woman is not able to obtain a Jewish divorce from her husband. The ketubah serves this function in Conservative Judaism in order to prevent husbands from refusing to give their wives a divorce. To do this, the ketubah has built in provisions; so, if predetermined circumstances occur, the divorce goes into effect immediately.[95] After the fact, various Jewish and secular legal methods are used to deal with such problems. None of the legal solutions addresses the agunah problem in the case of a missing husband.

Same-sex marriage edit

In antiquity edit

The Midrash is one of the few ancient religious texts that makes reference to same-sex marriage. The following teaching can be found in the Babylonian Talmud:

"Ula said: Non-Jews accepted upon themselves thirty mitzvot, but they only abide by three of them: The first one is that they do not write marriage documents for male couples, the second one is that they do not sell dead [human] meat by the pound in stores, and the third one is that they respect the Torah."

— Chullin 92ab[96]

In Orthodox Judaism edit

 
Orthodox Jewish protesters holding anti-LGBT signs during the Gay Pride parade in Haifa, Israel (2010)

Orthodox Judaism does not have a Jewish legal construct of same-gender marriage. While any two Jewish adults may be joined by a Jewish legal contract, the rites of kiddushin are reserved for a union of a man and woman. Orthodox Judaism does not recognize civil marriages to have theological legal standing, be they civil marriages between male and female, or between two adults of the same gender.

In Conservative Judaism edit

In June 2012, the American branch of Conservative Judaism formally approved same-sex marriage ceremonies in a 13–0 vote with one abstention.[97]

In Reform Judaism edit

In 1996, the Central Conference of American Rabbis passed a resolution approving same-sex civil marriage. However, this same resolution made a distinction between civil marriages and religious marriages; this resolution thus stated:

However we may understand homosexuality, whether as an illness, as a genetically based dysfunction or as a sexual preference and lifestyle – we cannot accommodate the relationship of two homosexuals as a "marriage" within the context of Judaism, for none of the elements of qiddushin (sanctification) normally associated with marriage can be invoked for this relationship.[98]

The Central Conference of American Rabbis support the right of gay and lesbian couples to share fully and equally in the rights of civil marriage, and

That the CCAR oppose governmental efforts to ban gay and lesbian marriage.

That this is a matter of civil law, and is separate from the question of rabbinic officiation at such marriages.[attribution needed]

In 1998, an ad hoc CCAR committee on human sexuality issued its majority report (11 to 1, 1 abstention) which stated that the holiness within a Jewish marriage "may be present in committed same gender relationships between two Jews and that these relationships can serve as the foundation of stable Jewish families, thus adding strength to the Jewish community." The report called for CCAR to support rabbis in officiating at same-sex marriages. Also in 1998, the Responsa Committee of the CCAR issued a lengthy teshuvah (rabbinical opinion)[99] that offered detailed argumentation in support of both sides of the question whether a rabbi may officiate at a commitment ceremony for a same-sex couple.

In March 2000, CCAR issued a new resolution stating that "We do hereby resolve that the relationship of a Jewish, same gender couple is worthy of affirmation through appropriate Jewish ritual, and further resolve, that we recognize the diversity of opinions within our ranks on this issue. We support the decision of those who choose to officiate at rituals of union for same-sex couples, and we support the decision of those who do not."

In Reconstructionist Judaism edit

The Reconstructionist Rabbinical Association (RRA) encourages its members to officiate at same-sex marriages, though it does not require it of them.

See also edit

Notes edit

  1. ^ Sometimes the word kiddushin may be used to refer to marriage as a whole, and not just the betrothal.

References edit

  1. ^   This article incorporates text from a publication now in the public domainSchechter, Solomon; Greenstone, Julius H. (1901–1906). "Marriage Laws". In Singer, Isidore; et al. (eds.). The Jewish Encyclopedia. New York: Funk & Wagnalls.
  2. ^ "We asked 22 rabbis: Is intermarriage a problem or an opportunity?". Forward.com. 31 October 2017. Retrieved 2021-10-18.
  3. ^ Hebrew-English Bible Genesis 1:28
  4. ^ Babylonian Talmud, Yebomoth 62b.
  5. ^ . Chabad.org. Archived from the original on 2007-12-24. Retrieved 2007-12-19.
  6. ^ "Conservative Jews approve gay wedding guidelines". Fox News. 2012-06-01. Retrieved 2013-09-10.
  7. ^ "Text of the Reform Judaism Gay Marriage Resolution". Beliefnet.com. 2011-02-17. Retrieved 2013-09-10.
  8. ^ Kiddushin 1:1
  9. ^ (Kiddushin 9b)
  10. ^ "Jewish Views on Marriage". encyclopedia.pub. Retrieved 2023-06-13.
  11. ^ Sanhedrin 76b
  12. ^ a b Baba Metzia 59b
  13. ^ Gittin 6b
  14. ^ a b c d e f g h i j k l m n o p q   This article incorporates text from a publication now in the public domainSinger, Isidore; et al., eds. (1901–1906). "Husband and Wife". The Jewish Encyclopedia. New York: Funk & Wagnalls.
  15. ^ Nedarim 66b
  16. ^ Genesis Rabbah 65:2
  17. ^ Shabbat 140b
  18. ^ Sotah 17a
  19. ^ Exodus 21:10
  20. ^ a b c d   This article incorporates text from a publication now in the public domainSinger, Isidore; et al., eds. (1901–1906). "marriage". The Jewish Encyclopedia. New York: Funk & Wagnalls.
  21. ^ a b Ketubot 48a
  22. ^ a b Ketubot 61a
  23. ^ Hebrew-English Bible Hosea 2:18
  24. ^ a b William Robertson Smith, Kinship and Marriage in early Arabia, (1885), 167
  25. ^ Hebrew-English Bible Judges 4:7
  26. ^ Hebrew-English Bible Genesis 24:26
  27. ^ Hebrew-English Bible Genesis 31:33–34
  28. ^ Hebrew-English Bible Judges 15:1; Judges 16:9
  29. ^ Hebrew-English Bible 1 Kings 7:8; 2 Kings 24:15
  30. ^ Hebrew-English Bible Genesis 29:9; Exodus 2:16; 1 Samuel 2:19; 1 Samuel 8:13
  31. ^ Hebrew-English Bible Proverbs 31:10–31
  32. ^ Hebrew-English Bible Exodus 21:10
  33. ^ Hebrew-English Bible Exodus 21:11
  34. ^ a b This article incorporates text from the 1903 Encyclopaedia Biblica article "Jealousy, Ordeal of", a publication now in the public domain.
  35. ^ a b c d e f   This article incorporates text from a publication now in the public domainSinger, Isidore; et al., eds. (1901–1906). "Adultery". The Jewish Encyclopedia. New York: Funk & Wagnalls.
  36. ^ Hebrew-English Bible Ezekiel 16:40; Leviticus 20:10; Deuteronomy 22:22–25
  37. ^ Hebrew-English Bible Numbers 5:11–31
  38. ^ Hebrew-English Bible Jeremiah 7:9; Jeremiah 23:10; Hosea 4:2; Malachi 3:5
  39. ^ Ketubot 77a
  40. ^ Moses Schreiber, Hatam Sofer on Eben ha-'Ezer, 131-132
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  42. ^ a b Jacob ben Asher, Eben ha-'Ezer, 70
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  44. ^ Ketubot 61b
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  46. ^ Jacob ben Asher, Eben ha-'Ezer, 76-77
  47. ^ Ketubot 59b
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  50. ^ a b Ketubot 46a-47b
  51. ^ a b Maimonides, Mishneh Torah, Ishut 14:23-24
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  53. ^ a b Ketubot 51a
  54. ^ a b Maimonides, Mishneh Torah, Ishut 14:18-22
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  56. ^ a b Joseph Karo, Shulkhan Arukh, Yoreh De'ah 252:10
  57. ^ Gittin, 45a
  58. ^ Ketubot 51b
  59. ^ Talmud, Ketubot 33a
  60. ^ Yebamot 56b
  61. ^ Sanhedrin 41
  62. ^ Sotah 6:1
  63. ^ Maimonides, Mishneh Torah, Ishut 24:6
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  65. ^ Sotah 4b
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jewish, views, marriage, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, au. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Jewish views on marriage news newspapers books scholar JSTOR August 2022 Learn how and when to remove this template message Marriage in Judaism is the documentation of a contract between a Jewish man and a Jewish woman in which God is involved In Judaism a marriage can end either because of a divorce document given by the man to his wife or by the death of either party Certain details primarily as protections for the wife were added in Talmudic times 1 A Jewish wedding 1903 by Jozef IsraelsJewish marriage certificate dated 1740 Brooklyn Museum Non Orthodox developments have brought changes in who may marry whom Intermarriage is often discouraged though opinions vary 2 Contents 1 Overview 1 1 Historic view 1 2 Recent non Orthodox views 2 Betrothal and marriage 3 Matrimony 3 1 Marital harmony 3 2 Conjugal rights and obligations 3 2 1 In the Bible 3 2 2 In the Talmud and Rabbinic Judaism 3 2 2 1 Home and household 3 2 2 2 Clothing 3 2 2 3 Physical obligations 3 2 2 4 Fidelity 3 2 2 5 Family purity 3 2 2 6 Sexual relations 4 Age of marriage 4 1 Consent 5 Intermarriage 5 1 Attitudes 5 2 Interracial Marriage 6 Marriage in Israel 7 Divorce 7 1 Agunah 8 Same sex marriage 8 1 In antiquity 8 2 In Orthodox Judaism 8 3 In Conservative Judaism 8 4 In Reform Judaism 8 5 In Reconstructionist Judaism 9 See also 10 Notes 11 ReferencesOverview editHistoric view edit In traditional Judaism marriage is viewed as a contractual bond commanded by God in which a Jewish man and a Jewish woman come together to create a relationship in which God is directly involved Though procreation is not the sole purpose a Jewish marriage is traditionally expected to fulfil the commandment to have children 3 In this view marriage is understood to mean that the husband and wife are merging into a single soul which is why a man is considered incomplete if he is not married as his soul is only one part of a larger whole that remains to be unified 4 5 Rashi explains the verse becoming one flesh of a man and a woman as referring to children whereas Nachmanides understands the verse as referring to sexual union bonding Both views are Orthodox and normative both are interpretations of the Biblical verse discussing the union between a man and a woman citation needed Recent non Orthodox views edit Non Orthodox Jewish denominations such as Reconstructionist Reform and Conservative Judaism recognize same sex marriage and de emphasize procreation focusing on marriage as a bond between a couple 6 7 Betrothal and marriage edit nbsp The Jewish Bride Rembrandt 1662 6 In Jewish law marriage consists of two separate acts called erusin or kiddushin a which is the betrothal ceremony and nissu in or chupah the actual Jewish wedding ceremony Erusin changes the couple s personal circumstances while nissu in brings about the legal consequences of the change of circumstances In Talmudic times these two ceremonies usually took place up to a year apart the bride lived with her parents until the actual marriage ceremony nissuin which would take place in a room or tent that the groom had set up for her Since the Middle Ages the two ceremonies have taken place as a combined ceremony performed in public citation needed According to the Talmud 8 erusin involves the groom handing an object to the bride either an object of value such as a ring or a document stating that she is being betrothed to him In order to be valid this must be done in the presence of two unrelated male witnesses After erusin the laws of adultery apply and the marriage cannot be dissolved without a religious divorce After nisuin the couple may live together The act of erusin may be made by the intending parties or by their respective parents or other relatives on their behalf with their consent A man and a woman cannot be betrothed to one another without agency and consent 9 The act is formalized in a document known as the Shtar Tena im the Document of Conditions which is read prior to the badekin After the reading the mothers of the future bride and groom break a plate Today some sign the contract on the day of the wedding some do it as an earlier ceremony and some do not do it at all It should also be emphasized that this practice is not explicitly mentioned in the Hebrew Bible citation needed In Haredi communities marriages may be arranged by the parents of the prospective bride and groom who may arrange a shidduch by engaging a professional match maker shadchan who finds and introduces the prospective bride and groom and receives a fee for their services The young couple is not forced to marry if either does not accept the other 10 Matrimony editMarital harmony edit Main article Shalom bayit Marital harmony known as shalom bayis is valued in Jewish tradition The Talmud states that a man should love his wife as much as he loves himself and honour her more than he honours himself 11 indeed one who honours his wife was said by the classical rabbis to be rewarded with wealth 12 Similarly a husband was expected to discuss with his wife any worldly matters that might arise in his life 12 The Talmud forbids a husband from being overbearing to his household 13 and domestic abuse by him was also condemned 14 It was said of a wife that God counts her tears 14 As for the wife the greatest praise the Talmudic rabbis offered to any woman was that given to a wife who fulfils the wishes of her husband 15 to this end an early midrash states that a wife should not leave the home too frequently 16 A wife also was expected to be modest even when alone with her husband 17 God s presence dwells in a pure and loving home 18 Conjugal rights and obligations edit Marriage obligations and rights in Judaism are ultimately based on those apparent in the Bible which have been clarified defined and expanded on by many prominent rabbinic authorities throughout history Traditionally the obligations of the husband include providing for his wife He is obligated to provide for her sustenance for her benefit in exchange he is also entitled to her income However this is a right to the wife and she can release her husband of the obligation of sustaining her and she can then keep her income exclusively for herself The document that provides for this is the ketubah The Bible itself gives the wife protections as per Exodus 21 10 19 although the rabbis may have added others later The rights of the husband and wife are described in tractate Ketubot in the Talmud which explains how the rabbis balanced the two sets of rights of the wife and the husband According to the non traditional view in the Bible the wife is treated as a possession owned by her husband 20 but later Judaism imposed several obligations on the husband effectively giving the wife several rights and freedoms 20 indeed being a Jewish wife was often a more favourable situation than being a wife in many other cultures 20 For example the Talmud establishes the principle that a wife is entitled but not compelled to the same dignity and social standing as her husband 21 22 and is entitled to keep any additional advantages she had as a result of her social status before her marriage 21 22 In the Bible edit Biblical Hebrew has two words for husband ba al also meaning master and ish also meaning man parallel to isha meaning woman or wife The words are contrasted in Hosea 2 16 where God speaks to Israel as though it is his wife On that day says the Lord you will call me my husband ish and will no longer call me my master ba al 23 Early nomadic communities practised a form of marriage known as beena in which a wife would own a tent of her own within which she retains complete independence from her husband 24 this principle appears to survive in parts of early Israelite society as some early passages of the Bible appear to portray certain wives as each owning a tent as a personal possession 24 specifically Jael 25 Sarah 26 and Jacob s wives 27 In later times the Bible describes wives as being given the innermost room s of the husband s house as her own private area to which men were not permitted 28 in the case of wealthy husbands the Bible describes their wives as having each been given an entire house for this purpose 29 It was not however a life of complete freedom The descriptions of the Bible suggest that a wife was expected to perform certain household tasks spinning sewing weaving manufacture of clothing fetching of water baking of bread and animal husbandry 30 The Book of Proverbs contains an entire acrostic about the duties which would be performed by a virtuous wife 31 The husband too is indirectly implied to have responsibilities to his wife The Torah obligates a man to not deprive his wife of food clothing or of sexual activity onah 32 if the husband does not provide the first wife with these things she is to be divorced without cost to her 33 The Talmud interprets this as a requirement for a man to provide food and clothing to and have sex with each of his wives even if he only has one 14 As a polygynous society the Israelites did not have any laws which imposed monogamy on men 34 35 Adulterous married and betrothed women as well as their male accomplices were subject to the death penalty by the biblical laws against adultery 36 According to the Book of Numbers if a woman was suspected of adultery she was to be subjected to the ordeal of the bitter water 37 a form of trial by ordeal but one that took a miracle to convict The literary prophets indicate that adultery was a frequent occurrence despite their strong protests against it 38 and these legal strictnesses 34 In the Talmud and Rabbinic Judaism edit The Talmud sets a minimum provision which a husband must provide to his wife 14 Enough bread for at least two meals a day Sufficient oil for cooking and for lighting purposes Sufficient wood for cooking Fruit and vegetables Wine if it is customary in the locality for women to drink it Three meals on each shabbat consisting of fish and meat An allowance of a silver coin Hebrew ma ah each weekRabbinic courts could compel the husband to make this provision if he fails to do so voluntarily 39 The Chatam Sofer a prominent 19th century halachic decisor argued that if a man could not provide his wife with this minimum he should be compelled to divorce her 40 other Jewish rabbis argued that a man should be compelled to hire himself out as a day labourer if he cannot otherwise make this provision to his wife 14 According to prominent Jewish writers of the Middle Ages if a man is absent from his wife for a long period the wife should be allowed to sell her husband s property if necessary to sustain herself 41 42 Similarly they argued that if a wife had to take out a loan to pay for her sustenance during such absence her husband had to pay the debt on his return 41 42 In order to offset the husband s duty to support his wife she was required by the Talmud to surrender all her earnings to her husband together with any profit she makes by accident and the right of usufruct on her property 43 the wife was not required to do this if she wished to support herself 43 Although the wife always retained ownership of her property itself if she died while still married to her husband he was to be her heir according to the opinion of the Talmud 43 this principle though was modified in various ways by the rabbis of the Middle Ages 14 Home and household edit In Jewish tradition the husband was expected to provide a home for his wife furnished in accordance to local custom and appropriate to his status 14 the marital couple were expected to live together in this home although if the husband s choice of work made it difficult to do so the Talmud excuses him from the obligation 44 Traditionally if the husband changed his usual abode the wife was considered to have a duty to move with him 14 In the Middle Ages it was argued that if a person continued to refuse to live with their spouse the spouse in question had sufficient grounds for divorce 45 46 Most Jewish religious authorities held that a husband must allow his wife to eat at the same table as him even if he gave his wife enough money to provide for herself 14 By contrast if a husband mistreated his wife or lived in a disreputable neighbourhood the Jewish religious authorities would permit the wife to move to another home elsewhere and would compel the husband to finance her life there 14 Expanding on the household tasks which the Bible implies a wife should undertake 20 rabbinic literature requires her to perform all the housework such as baking cooking washing caring for her children etc unless her marriage had given the husband a large dowry 14 in the latter situation the wife was expected only to tend to affectionate tasks such as making his bed and serving him his food 14 Jewish tradition expected the husband to provide the bed linen and kitchen utensils 14 If the wife had young twin children the Talmud made her husband responsible for caring for one of them 47 Clothing edit The Talmud elaborates on the biblical requirement of the husband to provide his wife with clothing by insisting that each year he must provide each wife with 50 zuzim s worth of clothing 48 including garments appropriate to each season of the year 14 The Talmudic rabbis insist that this annual clothing gift should include one hat one belt and three pairs of shoes 49 one pair for each of the three main annual festivals Passover Shabu ot and Sukkoth 48 The husband was also expected by the classical rabbis to provide his wife with jewelry and perfumes if he lived in an area where this was customary 14 Physical obligations edit The Talmud argues that a husband is responsible for the protection of his wife s body If his wife became ill then he would be compelled by the Talmud to defray any medical expense which might be incurred in relation to this 43 the Talmud requires him to ensure that the wife receives care 43 Although he technically had the right to divorce his wife enabling him to avoid paying for her medical costs several prominent rabbis throughout history condemned such a course of action as inhuman behaviour even if the wife was suffering from a prolonged illness 14 If the wife dies even if not due to illness the Talmud s stipulations require the husband to arrange and pay for her burial 50 the burial must in the opinion of the Talmud be one conducted in a manner befitting the husband s social status and in accordance with the local custom 50 Prominent rabbis of the Middle Ages clarified this stating that the husband must make any provisions required by local burial customs potentially including the hiring of mourners and the erection of a tombstone 51 52 According to the Talmud and later rabbinic writers if the husband was absent or refused to do these things a rabbinical court should arrange the wife s funeral selling some of the husband s property in order to defray the costs 51 52 If the wife was captured the husband was required by the Talmud and later writers to pay the ransom demanded for her release 53 54 55 56 there is some debate whether the husband was required only to pay up to the wife s market value as a slave 57 or whether he must pay any ransom even to the point of having to sell his possessions to raise the funds 14 If the husband and wife were both taken captive the historic Jewish view was that the rabbinic courts should first pay the ransom for the wife selling some of the husband s property in order to raise the funds 53 54 55 56 Fidelity edit In the classical era of the rabbinic scholars the death penalty for adultery was rarely applied It forbids conviction if the woman had been raped rather than consenting to the crime 58 the woman had mistaken the paramour for her husband 35 the woman was unaware of the laws against adultery before she committed the crime 35 the woman had not been properly warned This requires that the two witnesses testifying against her warn her that the Torah prohibits adultery that the penalty for adultery is death and that she immediately responded that she is doing so with full knowledge of those facts Even if she was warned but did not acknowledge those facts immediately upon hearing them and immediately before doing the act she is not put to death These conditions apply in all death penalty convictions 59 These rules made it practically impossible to convict any woman of adultery in nearly every case women were acquitted 35 However due to the belief that a priest should be untainted a Kohen was compelled to divorce his wife if she had been raped 35 60 In Talmudic times once the death penalty was no longer enforced for any crime 61 even when a woman was convicted the punishment was comparatively mild adulteresses were flogged instead 35 Nevertheless the husbands of convicted adulteresses were not permitted by the Talmud to forgive their guilty wives instead being compelled to divorce them 62 according to Maimonides a conviction for adultery nullified any right that the wife s marriage contract Hebrew ketubah gave her to a compensation payment for being divorced 63 Once divorced an adulteress was not permitted according to the Talmudic writers to marry her paramour 64 As for men who committed adultery with another man s wife Abba ben Joseph and Abba Arika are both quoted in the Talmud as expressing abhorrence and arguing that such men would be condemned to Gehenna 65 Family purity edit Main article Niddah The laws of family purity taharat hamishpacha are considered an important part of an Orthodox Jewish marriage and adherence to them is in Orthodox Judaism regarded as a prerequisite of marriage This involves observance of the various details of the menstrual niddah laws Orthodox brides and grooms attend classes on this subject prior to the wedding The niddah laws are regarded as an intrinsic part of marital life rather than just associated with women Together with a few other rules including those about the ejaculation of semen these are collectively termed family purity Sexual relations edit In marriage conjugal relations are guaranteed as a fundamental right for a woman along with food and clothing 66 This obligation is known as onah citation needed Sex within marriage is the woman s right and the man s duty The husband is forbidden from raping his wife they are not to be intimate while drunk or while either party is angry at the other A woman should be granted a get divorce if she seeks it because her husband is disgusting or loathsome to her If either partner consistently refuses to participate that person is considered rebellious and the other spouse can sue for divorce 67 Age of marriage editCiting the primacy of the divine command given in Genesis 1 28 the time between puberty and age twenty has been considered the ideal time for men and women to be wed in traditional Jewish thought Some rabbis have gone further to commend the age of eighteen as most ideal while others have advocated for the time immediately following puberty closer to the age of fourteen essentially as early in life as possible 68 Babylonian rabbis understood marriage as God s means of keeping male sexuality from going out of control so they advocated for early marriage to prevent men from succumbing to temptation in their youth 69 The ḳeṭannah children aged three to twelve might be given in marriage by her father and the marriage was valid necessitating a formal divorce if separation was desired It is not permissible to have sexual intercourse with children prior the age of three according to Niddah 44b in the talmud 70 Some commended early marriage for its benefits Rabbi Ḥisda maintained that early marriage could lead to increased intelligence 68 A large age gap between spouses in either direction is advised against as unwise 71 A younger woman marrying a significantly older man however is especially problematic marrying one s young daughter to an old man was declared as reprehensible as forcing her into prostitution 72 Moreover it is problematic for an older man to be unmarried in the first place Marriage is held to be uniquely mandatory for men and an unmarried man over the age of twenty is considered cursed by God Himself 68 There is evidence however that in some communities males did not marry until thirty or older 73 In medieval Jewish Ashkenazi communities women continued to be married young 74 Since the Enlightenment young marriage has become rarer among Jewish communities 75 Consent edit According to the Talmud a father is commanded not to marry his daughter to anyone until she grows up and says I want this one 76 A marriage that takes place without the consent of the girl is not an effective legal marriage 77 A ketannah literally meaning little one was any girl between the age of 3 years and that of 12 years plus one day 78 she was subject to her father s authority and he could arrange a marriage for her without her agreement 78 However after reaching the age of maturity she would have to agree to the marriage to be considered as married 79 80 If the father was dead or missing the brothers of the ketannah collectively had the right to arrange a marriage for her as had her mother 78 In these situations a ketannah would always have the right to annul her marriage even if it was the first 81 If the marriage did end due to divorce or the husband s death any further marriages were optional the ketannah retained her right to annul them 81 The choice of a ketannah to annul a marriage known in Hebrew as mi un literally meaning refusal denial protest 81 led to a true annulment not a divorce a divorce document get was not necessary 82 and a ketannah who did this was not regarded by legal regulations as a divorcee in relation to the marriage 83 Unlike divorce mi un was regarded with distaste by many rabbinic writers 81 even in the Talmud 84 in earlier classical Judaism one major faction the House of Shammai argued that such annulment rights only existed during the betrothal not engagement period erusin and not once the actual marriage nissu in had begun 85 Intermarriage editMain article Interfaith marriage in Judaism Rates of marriage between Jews and non Jews have increased in countries other than Israel the Jewish diaspora According to the National Jewish Population Survey 2000 01 47 of marriages involving Jews in the United States between 1996 and 2001 were with non Jewish partners Jewish leaders in different branches generally agree that possible assimilation is a crisis but they differ on the proper response to intermarriage Attitudes edit Further information Conservative Halakha Restrictions on marriage All branches of Orthodox Judaism do not sanction the validity or legitimacy of intermarriages Conservative Judaism does not sanction intermarriage but encourages acceptance of the non Jewish spouse within the family hoping that such acceptance will lead to conversion Reform Judaism and Reconstructionist Judaism permit total personal autonomy in interpretation of Jewish Law and intermarriage is not forbidden Reform and Reconstructionist rabbis are free to take their own approach to performing marriages between a Jewish and non Jewish partner Many but not all seek agreement from the couple that the children will be raised as Jewish There are also differences between streams on what constitutes an intermarriage arising from their differing criteria for being Jewish in the first place Orthodox Jews do not accept as Jewish a person whose mother is not Jewish nor a convert whose conversion was conducted under the authority of a more liberal stream Interracial Marriage edit Jewish prohibitions on marriage typically concern interfaith marriages There is no historical prohibition of interracial marriage nor is there explicit permission of such However debates around Numbers 12 1 suggest that Zipporah the wife of Moses is described as a Cushite woman to highlight a potentially much darker skin tone Under modern social constructs this would constitute Moses s marriage as an interracial one However there is no concrete proof that the Cushite woman referred to in Numbers is the same Zipporah from Exodus Marriage in Israel editSee also Marriage in Israel In Israel the only institutionalized form of Jewish marriage is the religious one i e a marriage conducted under the auspices of the rabbinate Specifically marriage of Israeli Jews must be conducted according to Jewish Law halakha as viewed by Orthodox Judaism One consequence is that Jews in Israel who cannot marry according to Jewish law e g a kohen and a divorcee or a Jew and one who is not halachically Jewish cannot marry each other This has led for calls mostly from the secular segment of the Israeli public for the institution of civil marriage 86 87 Some secular Jewish Israelis travel abroad to have civil marriages either because they do not wish an Orthodox wedding or because their union cannot be sanctioned by halakha These marriages are legally recognized by the State but are not recognized by the State Rabbinate Marriages performed in Israel must be carried out by religious authorities of an official religion Judaism Islam Christianity or Druze unless both parties are without religion Divorce editHalakha Jewish Law allows for divorce The document of divorce is termed a get The final divorce ceremony involves the husband giving the get document into the hand of the wife or her agent but the wife may sue in rabbinical court to initiate the divorce 88 In such a case a husband may be compelled to give the get if he has violated any of his numerous obligations outlined in Jewish law and the couple s specific ketubah 89 Historically this was sometimes accomplished by beating and or monetary coercion 90 The rationale was that since he was required to divorce his wife due to his or her violations of the contract his good inclination desires to divorce her and the community helps him to do what he wants to do anyway In this case the wife may or may not be entitled to a payment 91 Since around the 12th century some officials within Judaism have recognized the right of a wife abused physically or psychologically to a forced divorce 92 93 Conservative Judaism follows halacha although differently than Orthodox Judaism Reform Jews usually use an egalitarian form of the Ketubah at their weddings They generally do not issue Jewish divorces seeing a civil divorce as both necessary and sufficient however some Reform rabbis encourage the couple to go through a Jewish divorce procedure Orthodox Judaism does not recognize civil law as overriding religious law and thus does not view a civil divorce as sufficient Therefore a man or woman may be considered divorced by the Reform Jewish community but still married by the Conservative community Orthodox Judaism usually does not recognize Reform weddings because according to Talmudic law the witnesses to the marriage must be Jews who observe halakha which is believed by Orthodox authorities to seldom be the case in Reform weddings 94 Agunah edit Main article Agunah Traditionally when a husband fled or his whereabouts were unknown for any reason the woman was considered an agunah literally an anchored woman and was not allowed to remarry in traditional Judaism divorce can only be initiated by the husband Prior to modern communication the death of the husband while in a distant land was a common cause of this situation In modern times when a husband refuses to issue a get due to money property or custody battles the woman who cannot remarry is considered a Mesorevet get not an agunah A man in this situation would not be termed a Misarev Get literally a refuser of a divorce document unless a legitimate Beis Din had required him to issue a Get The term agunah is often used in such circumstances but it is not technically accurate Within both the Conservative and Orthodox communities there are efforts to avoid situations where a woman is not able to obtain a Jewish divorce from her husband The ketubah serves this function in Conservative Judaism in order to prevent husbands from refusing to give their wives a divorce To do this the ketubah has built in provisions so if predetermined circumstances occur the divorce goes into effect immediately 95 After the fact various Jewish and secular legal methods are used to deal with such problems None of the legal solutions addresses the agunah problem in the case of a missing husband Same sex marriage editSee also Homosexuality and Judaism In antiquity edit The Midrash is one of the few ancient religious texts that makes reference to same sex marriage The following teaching can be found in the Babylonian Talmud Ula said Non Jews accepted upon themselves thirty mitzvot but they only abide by three of them The first one is that they do not write marriage documents for male couples the second one is that they do not sell dead human meat by the pound in stores and the third one is that they respect the Torah Chullin 92ab 96 In Orthodox Judaism edit nbsp Orthodox Jewish protesters holding anti LGBT signs during the Gay Pride parade in Haifa Israel 2010 Orthodox Judaism does not have a Jewish legal construct of same gender marriage While any two Jewish adults may be joined by a Jewish legal contract the rites of kiddushin are reserved for a union of a man and woman Orthodox Judaism does not recognize civil marriages to have theological legal standing be they civil marriages between male and female or between two adults of the same gender In Conservative Judaism edit In June 2012 the American branch of Conservative Judaism formally approved same sex marriage ceremonies in a 13 0 vote with one abstention 97 In Reform Judaism edit In 1996 the Central Conference of American Rabbis passed a resolution approving same sex civil marriage However this same resolution made a distinction between civil marriages and religious marriages this resolution thus stated However we may understand homosexuality whether as an illness as a genetically based dysfunction or as a sexual preference and lifestyle we cannot accommodate the relationship of two homosexuals as a marriage within the context of Judaism for none of the elements of qiddushin sanctification normally associated with marriage can be invoked for this relationship 98 The Central Conference of American Rabbis support the right of gay and lesbian couples to share fully and equally in the rights of civil marriage andThat the CCAR oppose governmental efforts to ban gay and lesbian marriage That this is a matter of civil law and is separate from the question of rabbinic officiation at such marriages attribution needed In 1998 an ad hoc CCAR committee on human sexuality issued its majority report 11 to 1 1 abstention which stated that the holiness within a Jewish marriage may be present in committed same gender relationships between two Jews and that these relationships can serve as the foundation of stable Jewish families thus adding strength to the Jewish community The report called for CCAR to support rabbis in officiating at same sex marriages Also in 1998 the Responsa Committee of the CCAR issued a lengthy teshuvah rabbinical opinion 99 that offered detailed argumentation in support of both sides of the question whether a rabbi may officiate at a commitment ceremony for a same sex couple In March 2000 CCAR issued a new resolution stating that We do hereby resolve that the relationship of a Jewish same gender couple is worthy of affirmation through appropriate Jewish ritual and further resolve that we recognize the diversity of opinions within our ranks on this issue We support the decision of those who choose to officiate at rituals of union for same sex couples and we support the decision of those who do not In Reconstructionist Judaism edit The Reconstructionist Rabbinical Association RRA encourages its members to officiate at same sex marriages though it does not require it of them See also edit nbsp Judaism portal nbsp Wikimedia Commons has media related to Jewish weddings Jewish prenuptial agreement Negiah guidelines for physical contact Shadchan matchmaker Tzniut modest behavior Yichud prohibitions of seclusion with the opposite sex Notes edit Sometimes the word kiddushin may be used to refer to marriage as a whole and not just the betrothal References edit nbsp This article incorporates text from a publication now in the public domain Schechter Solomon Greenstone Julius H 1901 1906 Marriage Laws In Singer Isidore et al eds The Jewish Encyclopedia New York Funk amp Wagnalls We asked 22 rabbis Is intermarriage a problem or an opportunity Forward com 31 October 2017 Retrieved 2021 10 18 Hebrew English Bible Genesis 1 28 Babylonian Talmud Yebomoth 62b Why Marry Chabad org Archived from the original on 2007 12 24 Retrieved 2007 12 19 Conservative Jews approve gay wedding guidelines Fox News 2012 06 01 Retrieved 2013 09 10 Text of the Reform Judaism Gay Marriage Resolution Beliefnet com 2011 02 17 Retrieved 2013 09 10 Kiddushin 1 1 Kiddushin 9b Jewish Views on Marriage encyclopedia pub Retrieved 2023 06 13 Sanhedrin 76b a b Baba Metzia 59b Gittin 6b a b c d e f g h i j k l m n o p q nbsp This article incorporates text from a publication now in the public domain Singer Isidore et al eds 1901 1906 Husband and Wife The Jewish Encyclopedia New York Funk amp Wagnalls Nedarim 66b Genesis Rabbah 65 2 Shabbat 140b Sotah 17a Exodus 21 10 a b c d nbsp This article incorporates text from a publication now in the public domain Singer Isidore et al eds 1901 1906 marriage The Jewish Encyclopedia New York Funk amp Wagnalls a b Ketubot 48a a b Ketubot 61a Hebrew English Bible Hosea 2 18 a b William Robertson Smith Kinship and Marriage in early Arabia 1885 167 Hebrew English Bible Judges 4 7 Hebrew English Bible Genesis 24 26 Hebrew English Bible Genesis 31 33 34 Hebrew English Bible Judges 15 1 Judges 16 9 Hebrew English Bible 1 Kings 7 8 2 Kings 24 15 Hebrew English Bible Genesis 29 9 Exodus 2 16 1 Samuel 2 19 1 Samuel 8 13 Hebrew English Bible Proverbs 31 10 31 Hebrew English Bible Exodus 21 10 Hebrew English Bible Exodus 21 11 a b This article incorporates text from the 1903 Encyclopaedia Biblica article Jealousy Ordeal of a publication now in the public domain a b c d e f nbsp This article incorporates text from a publication now in the public domain Singer Isidore et al eds 1901 1906 Adultery The Jewish Encyclopedia New York Funk amp Wagnalls Hebrew English Bible Ezekiel 16 40 Leviticus 20 10 Deuteronomy 22 22 25 Hebrew English Bible Numbers 5 11 31 Hebrew English Bible Jeremiah 7 9 Jeremiah 23 10 Hosea 4 2 Malachi 3 5 Ketubot 77a Moses Schreiber Hatam Sofer on Eben ha Ezer 131 132 a b Maimonides Mishneh Torah Ishut 12 10 22 a b Jacob ben Asher Eben ha Ezer 70 a b c d e Ketubot 46b 47b Ketubot 61b Maimonides Mishneh Torah Ishut 14 1 16 Jacob ben Asher Eben ha Ezer 76 77 Ketubot 59b a b nbsp This article incorporates text from a publication now in the public domain Singer Isidore et al eds 1901 1906 Costume The Jewish Encyclopedia New York Funk amp Wagnalls Ketubot 64b a b Ketubot 46a 47b a b Maimonides Mishneh Torah Ishut 14 23 24 a b Jacob ben Asher Eben ha Ezer 89 a b Ketubot 51a a b Maimonides Mishneh Torah Ishut 14 18 22 a b Jacob ben Asher Eben ha Ezer 78 a b Joseph Karo Shulkhan Arukh Yoreh De ah 252 10 Gittin 45a Ketubot 51b Talmud Ketubot 33a Yebamot 56b Sanhedrin 41 Sotah 6 1 Maimonides Mishneh Torah Ishut 24 6 Sotah 5 1 Sotah 4b The Purposes of Marriage in Judaism www chabad org Maimonides Jewish Women s Archive a b c MARRIAGE LAWS JewishEncyclopedia com www jewishencyclopedia com Retrieved 2019 06 10 Michael Satlow 1984 William Horbury John Sturdy eds The Cambridge History of Judaism Volume 4 The Late Roman Rabbinic Period Cambridge University Press pp 622 ISBN 978 0 521 77248 8 Their answer to the problem of sexual desire centered on advocating early marriage For Babylonian rabbis the primary goal of marriage meant channeling and controlling male sexuality Niddah 44b 9 www sefaria org Retrieved 2023 09 15 Yebamot 44a Sanhedrin 76a Chapter Six The Appropriate Age for Marriage www chabad org Kiddushin tosafot 41a Lowenstein Steven M 1994 Ashkenazic Jewry and the European Marriage Pattern A Preliminary Survey of Jewish Marriage Age Jewish History 8 1 2 155 175 doi 10 1007 BF01915912 ISSN 0334 701X JSTOR 20101195 S2CID 162228288 Shulchan Aruch Even Ha ezer 37 8 Shulchan Aruch Even Ha ezer 42 1 a b c nbsp This article incorporates text from a publication now in the public domain Singer Isidore et al eds 1901 1906 Majority The Jewish Encyclopedia New York Funk amp Wagnalls Tirzah Meacham CONDITIONS NECESSARY FOR LEGAL MARRIAGE Retrieved 5 February 2020 Solomon Schechter Julius H Greenstone MARRIAGE LAWS Retrieved 5 February 2020 a b c d nbsp This article incorporates text from a publication now in the public domain Singer Isidore et al eds 1901 1906 Mi un The Jewish Encyclopedia New York Funk amp Wagnalls Yebamot 107a Yebamot 108a Yebamot 109a Yebamot 107a Halperin Kaddari Ruth Yadgar Yaacov 2010 Between Universal Feminism and Particular Nationalism politics religion and gender in equality in Israel Third World Quarterly 31 6 905 920 ISSN 0143 6597 Most Israeli Jews support Jewish pluralism civil marriage The Times of Israel 8 May 2016 Berlin Adele ed 2011 Divorce The Oxford Dictionary of the Jewish Religion 2nd ed Oxford New York Oxford University Press pp 216 217 ISBN 978 0 19 975927 9 Marriage in Judaism www jewishvirtuallibrary org Retrieved 2023 12 02 Can A Woman Initiate Jewish Divorce Proceedings My Jewish Learning Retrieved 2023 12 02 Kaplan Yehiel S 2012 01 01 Enforcement of Divorce Judgments in Jewish Courts in Israel The Interaction Between Religious and Constitutional Law Middle East Law and Governance 4 1 1 68 doi 10 1163 187633712X631246 ISSN 1876 3367 Wifebeating in Jewish Tradition Jewish Women s Archive Retrieved 2023 12 02 Domestic Violence www jewishvirtuallibrary org Retrieved 2023 12 02 Now Is the Time to Change Marriage Laws in Israel Union for Reform Judaism urj org Retrieved 2023 12 02 Hoffman Lawrence A 1996 The Jewish Wedding Ceremony Life Cycles in Jewish and Christian Worship University of Notre Dame Press pp 129 153 Chullin 92ab Conservative Jews approve gay wedding guidelines Fox News Associated Press 2015 03 25 Retrieved 2020 11 10 MLjewish org CCARnet org Archived from the original on December 17 2004 Retrieved from https en wikipedia org w index php title Jewish views on marriage amp oldid 1189922456 Conjugal rights and obligations, wikipedia, wiki, book, books, library,

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