The Ketubah:
A Jewish Marriage Contract and Its Cross-Cultural Use
(Excerpt from Master’s Thesis by Sheila F. Whitlock, M.A.J.S.)
Two major newspapers ran feature articles on a new trend where non-Jews incorporate Jewish traditions into their wedding ceremonies. However, the question emerges: “Do they understand what they are doing by signing a ketubah?” In February 2011 the New York Times ran an article on Christian Evangelicals who are incorporating the use of the ketubah into their marriage ceremonies. Later that year in November the Washington Post ran a similar article about American couples that are adopting other cultures' traditions and integrating them into their weddings.
Today, not only Jews but non-Jews are incorporating the ketubah into their wedding ceremonies. . The traditional or historical ketubah is a written Jewish marriage agreement, stating a husband’s obligations, provisions, and protection for his wife in the event of a divorce or his death. Oversight of this document is provided by a religious court known as a halakhic court comprised of rabbis. It is this paper's intent to demonstrate that a cross-cultural aspect is developing that could affect judicial systems. Specifically, should the ketubah be viewed as a contractual agreement or a relationship covenant and should there be oversight outside of religious courts as its usage extends beyond the Jewish community.
A historical review of factors affecting the evolution of the marriage contract reveals that the ketubah began with a covenantal purpose and evolved into a contractual agreement. The Merriam-Webster dictionary states a covenant is a contractual agreement, however the ancient use of the word covenant demonstrates different characteristics. The ketubah's origins began as a covenant which means a coming together of two parties that are bound in a relationship. According to Strong's Lexicon the Hebrew word ברית pronounced brit, means to cut a covenant as used in the Hebrew scriptures referencing covenants. The term contract צָפַד which is pronounced tsaphad is not found in the same biblical text.
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