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August 31, 2015 / 16 Elul, 5775
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The Ketubah as a Prenup

If the Ketubah would be taken seriously, as an enforceable legal document then there would be fewer agunot, "chained" women awaiting Jewish divorce from their husbands.
Artist Mike Horton holds up his hand-made ketubah which he made as a gift for British Prince William and his fiancee.

Artist Mike Horton holds up his hand-made ketubah which he made as a gift for British Prince William and his fiancee.
Photo Credit: Nati Shohat/FLASH90

I was just reading an article in The Forward about a “Jewish prenuptial agreement” being upheld in the American courts.

For the first time, a state court has affirmed the constitutionality of a Modern Orthodox-sponsored prenuptial agreement meant to protect agunot — Jewish women “chained” by husbands who refuse to grant them a religious divorce. Read more.

Maybe I’m wrong, but I have always considered the Ketubah, Jewish Marriage “contract” to be a prenup of sorts.  Actually, it’s not a contract; it’s more of a signed pledge by the husband to give financial compensation to the wife if the marriage must end.

The main purpose of the ketubah is to prevent a husband divorcing his wife against her will, which, in talmudic times, he had the right to do. The knowledge that he had to pay his wife her ketubah would serve as a check against hasty divorce.

The wife promises nothing in return.  The Chabad site adds more information:

The ketubah is a binding document which details the husband’s obligations to his wife, showing that marriage is more than a physical-spiritual union; it is a legal and moral commitment. The ketubah states the principal obligations of the groom to provide his wife with food, clothing and affection along with other contractual obligations.

If the Ketubah would be taken seriously, as an enforceable legal document then there would be fewer agunot, “chained” women awaiting Jewish divorce from their husbands.  And maybe some men would think a lot more before threatening their wives with divorce.

What’s interesting is that the Ketubah actually gives the wife the upper hand in marriage.  It lists what the husband must do and basically takes for granted that the wife will do whatever is expected.  She doesn’t sign the document.

It’s too bad that the Ketubah isn’t taken more seriously in courts, both in Israel and abroad.

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About the Author: Batya Medad blogs at Shiloh Musings.

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