The Ketuba: A Torah Requirement or a Rabbinic One?

The ketuba is the marital contract that specifies a husband's responsibilities and obligations to his wife. Additionally, and perhaps more importantly so, the ketuba also details the wife's endowment if she is divorced or widowed. The ketuba is a feature of Jewish marriage that even predates the Torah. We are told that Joseph wrote a ketuba for his wife, Osnat.[1] In ancient times, and as is often the case today, a ketuba also serves to prove that one is of Jewish lineage. There is also evidence to suggest that, in ancient times, even non-Jews gave their wives a “ketuba” of sorts at marriage.[2] In some ancient Jewish communities, a written ketuba wasn’t necessarily prepared or given to the bride. Rather, a man would give his wife property and other goods equivalent to the value of a ketuba as a security deposit.[3]

There is a difference of opinion whether the requirement for a man to give his wife a ketuba is a Torah requirement or a rabbinic one. Those who maintain that the ketuba is a Torah requirement base their opinion on a verse in the Torah. The Torah states that one who unlawfully had relations with a virgin should "pay the amount of silver shekels that is awarded to virgins."[4] It is explained that this verse indicates that, according to Torah law, a woman is entitled to receive a dowry from her husband upon marriage.

Those who maintain that the ketuba is rabbinic in nature argue that the rabbis instituted the ketuba in order that it not be easy for a man to divorce his wife on impulse.[5] Indeed, a husband who is bound to an agreement, which obligates him to pay a handsome sum of money should he divorce his wife, will certainly think twice before doing so.[6]

There is also a view that the ketuba for a virgin bride is a Torah requirement while the ketuba for all other brides is a rabbinic one.[7] Yet others say that the status of the ketuba is that of an "asmachta," a rabbinic enactment that is hinted to, or otherwise finds support in the Torah, though it is not an outright Torah requirement.[8] Finally, there is a view that the concept of a ketuba is a Torah requirement while the value and other details of the ketuba were left for the rabbis to decide.[9] The consensus of most halachic authorities seems to be that the ketuba is actually a rabbinic enactment.[10]

Nevertheless, one will readily note that the text of a ketuba given to a virgin bride states that "I obligate myself to give you two hundred zuz which you are entitled to by Torah law." This seems to contradict the assertion that the ketuba is a rabbinic enactment! A number of answers are offered to help explain this apparent contradiction. According to some authorities, the words "by Torah law" refer to the type of money that is being discussed, not that the money (or that the ketuba itself) is inherently required by Torah law.[11] As such, the “by Torah law” in this context means that if there is a disagreement regarding the value of the local currency, then the higher appraisal is to be paid. Additionally, it may very well be that those who instituted the standard ketuba text were simply from the school of thought that held that the ketuba is indeed a Torah requirement. Nevertheless, there are a number of communities in which the words "by Torah law" are omitted from the ketuba text. In fact, according to those that hold that the status of the ketuba is rabbinic in nature, writing the words "by Torah law" in the ketuba might actually invalidate it![12]

[1] Rashi, Bereishit 48:9; Kalla Rabbati 3.

[2] Rashi, Bereishit 34:12; Ketubot 90a with Rashi.

[3] Ketubot 16b, 89a.

[4] Shemot 22:16.

[5] Yevamot 89a.

[6] Ketubot 11a.

[7] Ketubot 10a.

[8] Tosfot, Sotah 27a.

[9] Ran, end of Ketubot s.v. Mekoli.

[10] Tosfot, Ketubot 10a; Yevamot 89a; Rambam, Hilchot Ishut 10:7, 11:14; EH 66:3.

[11] Rosh, Ketubot 1:19.

[12] Hagahot Maimoniot, Hilchot Ishut 10:6; Rivash 66; Ran, end of Ketubot s.v. v'linyan.