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Most scholars agree that the ketubah has been used by Jews all over the world for approximately two thousand years, but its specific origins are difficult to pinpoint. It is mentioned in many of the oldest Jewish writings, and its use is clearly discussed in the Mishna and the Talmud, and in the ancient writings of Hillel, Maimodenes (the Rambam) and Rashi. In the Middle Ages, Maimonides referred to ketubot as having been established by "the Great Sanhedrin in order that a Jewish wife should not be light (i.e. of no substance) in her husband's eyes." The ancient Rabbis felt “…that no woman could enter upon matrimony with a free and easy mind without being in possession of this safeguard to her marital security.” The Talmud states that the ketubah was instituted “for the daughters of Israel" – indeed the Talmud holds an entire chapter specifically concerning the laws and details of ketubot. Hillel encouraged the use of a standardized ketubah to save Jewish women the problems encountered by Greek women during the time of Alexander’s rule. Even farther back in Biblical times, ketubot were used by Jews - as far back in Jewish history as the people themselves. Rashi wrote that Isaac’s status was different than his half-siblings precisely because Issac’s mother was given a ketubah and a second wife, Keturah, was not. The Talmud also differentiates between King David’s wives and his concubines on the same basis. All scholars agree that the ketubah was probably the first legal document in history which specifically took women’s needs in marriage into consideration, and also the first time women were granted any kind of legal protection concerning divorce and widowhood.
As the tribe of ancient Jews was spread over many different cities, there were differences between local ketubot. The Mishnah clarifies the various texts used by the Jews of Jerusalem, Galilee, and Judah, each mindful of the local needs and customs of the individual communities. Similarly today, as throughout history, many various ketubah texts are used, specific to the different communities of Jews – Orthodox, Conservative, Reformed, Jewish Renewal communities, etc. There have always been those, Jews and non-Jews alike, who held that such pre-nuptial agreements be discouraged, as it was thought that “planning” or considering the ramifications of a possible divorce or death would cloud the couple’s intent on a long life together. The majority of ancient Rabbis believed, however, that a ketubah served as a clear reminder of the husband’s often substantial financial obligations should he divorce his wife – effectively preventing the divorce. To assure the legal effectiveness of the agreement made at a moment of exhilaration and romantic expectation, and to prevent the ketubah from being considered a mere statement of love commitment, with no legal binding force, the sages expressly affirmed, "It is not to be regarded as an asmakhta, an indecisive contractual obligation," a sort of speculation, or as a "stereotyped form," a routine rubber-stamp procedure. Ketubot are often hung prominently in the home by the married couple as a daily reminder of their vows and responsibilities to each other. Simply or elaborately decorated, illustrated and embroidered, ketubot over the centuries have been ornamented according to the tradition of hiddur mitzvah, which encourages religious objects like mezzuzot, wine cups, and of course ketubot to be made as beautiful as possible. To find more details about the ketubah, its history and traditions, please follow these useful links: www.jewishencyclopedia.com http://www.come-and-hear.com/talmud/nashim/html http://en.wikipedia.org/wiki/Ketubah www.mechon-mamre.org/jewfaq/marriage.htm http://www.myjewishlearning.com/lifecycle/Marriage http://www.jewishvirtuallibrary.org/jsource/loc/Ketuboth1.html The Ketubah text- What does it say? The traditional ketubah was based on the social realities of the ancient world. Due to its integral importance to the couple and to a stable community in which the couple lived, it was not written in the Hebrew language, but in Aramaic, the common spoken language of Jews at the time the first Ketubot became standardized. The ancient Aramaic text, attributed to Simeon ben Shetach in 80 B.C.E, lays out rights of the wife and obligations of the husband. These include such mundane considerations as his obligation to properly clothe, feed and shelter her, to the more intimate - he vows to provide her with sexual satisfaction. In the event of his death or their divorce, the husband commits himself and his property to providing that she be able to continue her life in a dignified manner. While Jews today no longer speak this language, Orthodox ketubot are still written in Aramaic. Conservative Judaism uses a traditional ketubah, but there have been two recent changes: First, since Hebrew is once again a modern spoken language, a Hebrew version is now often used. Secondly, there is often the addition of a paragraph known as the “Lieberman Clause”. Conservative Rabbis acknowledged the need for a modern “pre-nuptial” protection clause which states that, should a civil divorce occur, the couple must take the case also to a Rabbinical court, so the court can compel the husband to grant a “get” - a Jewish divorce – as well. Without the get, a divorced woman is prohibited from remarrying another Jew. Most Orthodox Rabbis did not accept this clause, and created their own, similar addition to modern ketubot, with very similar results. Whereas the traditional texts focus on the husband’s obligations towards a bride, the Reform, Reconstructionist, Renewal and other modern Jewish communities most often use ketubah texts with egalitarian language involving the commitments and agreements of both bride and groom, as well as more personal thoughts and feelings of the wedding pair. Same-sex couples, secular humanist and interfaith couples have rightfully insisted on the privilege of ketubot at their weddings. We fully and unreservedly support those couples who choose to make a ketubah a part of their life-long commitment to each other and to the new families they will create. Although these ketubot are not considered legitimate for Rabbinate purposes, they are beautiful expressions of commitment and intention; a new form of wedding celebration. In my designs, I can combine both the Hebrew/Aramaic text alongside the English text, or either language alone. The English text does not have to be a direct translation, but can be any text chosen from those available, or the wedding couple can compose their own. A very new “tradition” has begun in parts of the U.S.: non-Jewish couples writing their vows, intentions and commitments for a new life together, and having these words inscribed into a ketubah design. I would be delighted to confer with these couples, or with those who would give a beloved couple such a gift. Regardless of what texts are included in a ketubah, rabbis agree that just the process itself, of sitting down together to discuss their relationship and their future, is a very valuable part of the marriage process. The finished document, displayed prominently in the home, then becomes a framework that the couple can refer back to as a reminder of the shared love and aspirations that brought them together. With the sometimes bewildering amount of options today, we will be happy to discuss your ketubah text, and advise you on links and other resources with which to answer detailed questions or problems. Why have a ketubah today? Today, the traditional ketubah text serves very real, modern purposes for Jews, both women and men: As proof of mother’s Judaism – without such proof children may be hindered in their own marriages or in immigrating to Israel. Often (but not always) proof of Judaism by Orthodox standards is acceptable only by having a signed Orthodox ketubah. 2) As protection in case of death of the husband –court decisions where the husband’s family disputes the wife’s estate claims. As proof of legitimate claims for dignified support in both Rabbinical and civil courts should divorce occur, and As protection for women in Rabbinical decisions to prevent her becoming an agunah (prohibited from remarrying under traditional Jewish law). Crucial Note: Current Israeli civil/religious law and most Jewish legal councils of Rabbis in the United States do NOT consider alternative or modern ketubah texts as legally binding protection for the woman in cases of widowhood or divorce, or as proof of Judaism. Israel has no civil marriage, and both marriage laws and religious identity laws are under the complete control and stringent standards of Orthodox Rabbis. Please check with your Rabbi should you have any questions concerning these topics. If the legal standing of the ketubah is important to you, you may be advised to take one of two options: a) Choose one of our hand-designed, modern texts that reflects your thoughts and commitments. At the time of the wedding, have your Rabbi bring an inexpensive Orthodox version (usually a small pamphlet) to be signed along with your chosen ketubah. Keep it in a safe place and hang the framed print where all will see it. b) Include the Orthodox text in your ketubah alongside any English text of your own choosing. PLEASE DISCUSS YOUR KETUBAH TEXT CHOICES WITH YOUR RABBI OR WEDDING OFFICIAL. Remember, if you wish the ketubah to be a legal document as well as a beautiful reminder of your wedding commitments, you must treat it with the same careful crafting as any other contract. Witnesses are needed to sign the ketubah in front of the Rabbi and the couple – the qualifications for who these witnesses can be and other details should be addressed before your wedding!! Sources: www.jewishencyclopedia.com http://www.come-and-hear.com/talmud/nashim/html http://en.wikipedia.org/wiki/Ketubah" www.mechon-mamre.org/jewfaq/marriage.htm http://www.myjewishlearning.com/lifecycle/Marriage http://www.jewishvirtuallibrary.org/jsource/loc/Ketuboth1.html http://judaism.about.com/cs/jewishweddings/f/ketubah.htm
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About the Ketubah 
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