Tuesday 3 February 2015

Ketubot 2: When to Marry: the Legal Picture

Our new masechet, Ketubot, begins with a very pointed Mishna: A virgin is married on a Wednesday and a widow on a Thursday.  The courts convene on Mondays and Thursdays; if a husband has a claim regarding his new wife's virginity, he can immediately go to court after the wedding night.

The Gemara covers various, seemingly disparate discussions regarding this Mishna.  Some of the ideas considered are listed below:

  • A husband is required to provide sustenance to his wife - food, water, clothing - from the time of his wedding.  If the wife's virginity is in dispute, the husband should not have to provide that sustenance for days until the courts meet
  • Why Wednesday but not Sunday?  Courts operate on Monday, too.  The rabbis suggest that the Sages were assiduous in attending to the needs of Jewish women: husbands were encouraged to spend three days preparing for the wedding feast.  Sunday would be the best day to begin that work.  Bottom line: all of that effort would make it more difficult for husbands to reject their brides
  • If the bride or the groom delay the wedding because of something avoidable, they are liable for the costs of the wedding/sustenance of the bride
  • What is avoidable?  The rabbis discuss illness and an unexpected menstrual period
  • A get, divorce contract, could be given to a wife before a husband goes abroad, stipulating that if he does not return within a certain time frame, they are to be divorced
  • The rabbis argue about whether or not this is enforceable
  • The rabbis reason that a get cannot be given/received posthumously 
Ketubot begins with a bang.  We jump in to a very deep and swirling pool, and it is assumed that at least we can swim. Because I have learned Ketubot previously, I find the ideas familiar and slightly easier to grasp.  But the details are just as complex as I remember.  A good beginning!

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