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While marriages are built on love and commitment, governments and cultures define them in contractual terms. As you prepare for your Jewish wedding, it is important to understand the contractual and legal obligations that you may be entering into along with the vows you intend for your partner.
A Jewish Ketubah marriage contract will outline your duties and obligations in marriage and, God forbid, your obligations should the marriage end. How enforceable are these obligations by the law? Read on to find out.
The Ketubah as a legal document
A Ketubah is a contract that you enter with your partner. In ancient times, this contract was the legal document that governed a couple’s marriage. It was enforceable by the Jewish courts. Today this document is more ceremonial and will not stand in civil court in the United States and most other countries.
Historically, a Ketubah was legislated by the Sanhedrin, a supreme council given the power to legislate religious law in the Torah. Under the leadership of Shimon ben Shetach, the Sanhedrin ruled that a man’s entire estate was mortgaged to the Ketubah, ensuring the document held just as any other legal contract.[1]
Learn more about the history of Ketubahs here
It is important to note that in Israel a Ketubah is the legal marriage contract issued by the government for Jewish couples. The Israeli Rabbinate has a specific version of Ketubah text to ensure its legality according to the laws of the country.
Even if you are not located in Israel and your Ketubah is not an official legal document, it should still be taken seriously. A Ketubah is an ancient tradition and an important part of Jewish life. It deserves full respect as the foundation of the marriage a couple builds together.
Is a Ketubah legally binding?
A Ketubah is not legally binding outside of the state of Israel. In fact, a 2019 opinion by Justice Eugene D. Faughnan of New York State Supreme Court in Tompkins County in the case Cohen vs. Cohen explicitly threw out all Ketubah obligations stating that a Ketubah “lacks any of the hallmarks of a contractual agreement.”[2] In the case, the wife of a couple married in Israel sought to enforce her Ketubah against her husband in New York. The court denied the request for several reasons:
- A Ketubah is a religious document including religious obligations and the court could not determine whether the parties upheld their religious obligations.
- The Ketubah settlement payment’s purpose is for spousal maintenance and according to U.S. law this is determined by divorce actions.
- The Ketubah isn’t signed by the wife, nor does it state any payment terms as is custom in financial contracts.
In Israel, however, Ketubahs are legally binding. Both rabbinical courts and civil courts may enforce the terms, requiring a husband to pay the settlement amount detailed therein.
It has become customary for couples to write exaggerated sums in their Ketubahs because, at the time of their wedding, they do not believe divorce is a possibility. Rabbinical courts are divided on whether a husband is obligated even when the settlement amount is obviously exorbitant.[3] Some say the husband should have taken his obligation seriously when entering the Ketubah, while others believe the husband should pay some other amount more connected to his socio-economic status.
What makes a Ketubah official?
According to Jewish law, a Ketubah becomes official only after a couple has completed the blessings during their wedding ceremony and has joined together to create a Jewish home or has spent time alone together. For it to be valid, two Ketubah witnesses must have signed it and the groom must have completed a “kinyan” as part of the Ketubah signing ceremony.
Ketubahs must also be written in a way that they cannot be altered after they are signed. Paper and ink must not be erasable and there shouldn’t be extra space where text can be added.
Learn more about official Ketubahs here
A Ketubah vs. a prenup
A Ketubah is very similar to a prenuptial agreement. Like a prenup, a Ketubah outlines what a bride is owed in the case of a divorce and what ensures the wife is eligible for the settlement. One of the main reasons Ketubahs were first required was to ensure women had a financial safety net should their husbands leave.[4] In ancient times, there weren’t many jobs available for women and they were required to devote their time to raising children. In the case of a divorce, the Ketubah settlement was to ensure that women could invest that money to provide a steady income.
Like prenups, Ketubahs also protect the wife’s assets that she brings to the marriage in the form of a dowry. The Ketubah ensures the wife is entitled to her assets in the case of divorce.
In short, a Ketubah could be viewed as the original prenuptial agreement. Today’s prenups might be more complex and include multiple terms, conditions, and different settlement payments depending on the length of the marriage and the number of children.
What’s next?
Whether or not it is legally binding, your Ketubah is the foundation for your marriage. It’s important to choose one that speaks to you and your partner.
[1] Rabbi Aryeh Kaplan (1983). Made in Heaven. Moznaim Publishing Corporation.
[2] Cohen v. Cohen, 2019 N.Y. Slip Op. 30951 (N.Y. Sup. Ct. 2019)
[3] Encyclopedia Judaica. Second Edition. Volume 12. Page 96
[4] Rabbi Aryeh Kaplan (1983). Made in Heaven. Moznaim Publishing Corporation.
