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Weddings
The Marriage ContractBefore the wedding ceremony begins, the groom sits with the officiating rabbi and the witnesses for the marriage contract, and together they go through the details of the text. Usually they are joined by the father of the groom and as well as the father of the bride. In the marriage contract, the groom accepts upon himself several obligations toward his future wife. He agrees that he must honor her and take care of her financial needs, as accepted in Jewish tradition. The text of the marriage contract includes various details in this regard; the main point is the husband’s financial obligation toward his wife if, Heaven forbid, she is later divorced or widowed from him. In the latter case, his monetary obligation will be realized from the inheritance funds. The amount for which he is liable is stipulated in the marriage contract. Those who sign a document of tena’im (see p. 49) just before the wedding ceremony will do so at this stage as well.
The purpose of the groom’s financial obligation toward his wife is twofold:
(1) to ensure that the husband will not act in haste before considering the option of divorce;
(2) to help the woman sustain herself after a divorce or after her husband’s death.
The sum specified in the marriage contract includes two components: the main sum and the supplementary sum.
The main sum: This is a fixed sum that every husband is obligated to pledge to his wife. The amount established by the Sages and written into the text of the marriage contract is two hundred zuz, if it is the bride’s first marriage. According to Sephardic tradition, this amount is equivalent to the value of 120 g of pure silver, whereas Ashkenazim consider it to be the value of 960 g of pure silver. There is also an opinion which maintains that two hundred zuz should be understood as being the amount of money equal to one year’s average wage in the local economy.
The supplement: It is customary for the husband to add a supplementary amount to the primary sum of the marriage contract ordained by the Sages. For Ashkenazic Jews outside of Israel, the document typically specifies a supplement of two hundred zekukim, a European silver coin from the seventeenth century, an amount widely understood to be the value of 2784 g of silver. In Israel, it is common to specify a specific sum of the modern currency. This amount depends on the generosity of the groom, but it should not be an exaggerated, unrealistic amount, as the marriage contract is a binding legal document that he or his heirs may someday be required to pay. Experienced rabbinical court judges in Israel recommend that the total sum of the marriage contract be 120,000 NIS, and the Chief Rabbinate of Israel limits the liability to a maximum of one million NIS.
Notwithstanding the above, in a case of divorce, modern law calls for the dividing of assets between the couple. This law reduces the practical importance of the sum of the marriage contract, but it does not eliminate it altogether.
The marriage contract is filled out by the officiating rabbi. After the wedding, this copy is held by the wife. From the moment the couple enter their joint residence, the wife must have a copy of the marriage contract.
In Israel, the Religious Council where the marriage application was filed will supply two copies of the marriage contract for the officiating rabbi to fill out. One copy of the marriage contract is held by the wife, and the second copy is completed and submitted to the Religious Council.
It is advisable to appoint in advance a person to safeguard the marriage contract at the wedding so that it is not lost during the course of the wedding festivities. If the marriage contract is lost, a new one must be filled out and signed with the help of a rabbi and in the presence of witnesses.
When the rabbi has finished filling out the marriage contract, the groom performs a formal act of acquisition by lifting a pen or some other object that is handed to him by the rabbi. This act has halakhic significance, as it is an official act of acquisition, whereby the groom becomes legally bound to fulfill all the obligations specified in the marriage contract.
The marriage-contract witnesses must see the act of acquisition, and only after that do they sign the document.
Some have a custom to perform the act of acquisition for the marriage contract and the signing of the witnesses under the wedding canopy. The exact stage when this is done will be noted below.
In some Sephardic communities it is customary to record in the marriage contract that the groom has taken an oath to fulfill everything written in the contract. Then, during the reading of the marriage contract, when the reader reaches the words “and I also swear...,” he pauses, and the groom affirms the oath by means of a handshake. The reading of the marriage contract then resumes. Some have the custom that the rabbi says to the groom, “I hereby administer an oath to you on all that is written above,” whereupon the groom shakes his hand, and they then continue reading the marriage contract.
There is no need for the bride to be present at the signing of the marriage contract. In communities where it is customary for the groom and the bride not to see each other for a week before the wedding, up until the marriage ceremony itself, the bride obviously cannot be in attendance for the signing. It is common practice that during this process the bride stays with her friends and family in a different part of the wedding hall. It is recommended that she use these last moments before the wedding ceremony to recite psalms and personal prayers for the success of the couple’s relationship and their forthcoming family life.
Further reading: For another occasion on which an act of acquisition is performed, see p. 282.