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.
Contacts are based on protection of the parties involved. In the case of the ketubah, it is for the protection of the bride. A contract is an agreement based on an “if..., then...,” concept. For example, “if I give to you this amount of money, you will give to me in return this car or this house”. In Exodus 19:5 is the covenant God made with the Israelites which states, “Now therefore, if you will indeed obey My voice and keep My covenant, then you shall be a special treasure to Me above all people”.
In order to distinguish between covenants and contracts there are three key characteristics of contracts:
1. requires reciprocal exchange
2. enforceability under a set of laws
3. mutual consent
When God made a covenant with the Israelites as mentioned above, He states it is a covenant. However, this covenant has the characteristics of a contract. Therefore, it is assumed that the definition provided by the Merriam Webster dictionary stands correct that a covenant is contract. Covenant theology teaches that there are two types of covenants, bilateral and unilateral. A bilateral agreement signifies that both parties will meet specific conditions, and is conditional. The second form of covenant, unilateral, is unconditional as stated in Genesis 1:28 where God gives His blessing to Adam as a gift.
The original purpose of the ketubah was covenantal, in which the groom bestowed blessings and gifts upon his bride. Later, sociological factors such as the rising practice of divorce became a central concern for protection of the bride. Itemization of the bride's possessions was required as part of the marriage contract in response to this occurrence. Therefore, a covenant is an agreement or coming together to bind and seal a relationship whereas a contract is a form of protection.
The Talmud is rabbinical interpretations and rulings which includes the Mishnah (oral laws) of the Jewish people. The Nashim is an entire section of the Mishnah dedicated to the subject of marriage. The Ketubot, which is the plural form of ketubah, is one of its tractates. These written laws dictate every aspect of this contractual agreement. The main purpose of the ketubah is to prevent a husband from divorcing his wife against her will. The ketubah was written in Aramaic, the language of legal and technical matters at the time when the Talmud was written.
Around the world Jewish communities lived in different countries and they were influenced by different habits and environments. The marriage contract text was adapted in each region and it differs, some times in only a single word. After the state of Israel was created, the rabbinate established consistent text written in the Aramaic language. While there still continues to be marriage contracts written in Aramaic, the trend has been to change the language to Hebrew.
L. Epstein, in The Jewish Marriage Contract (1927), speaks to the antiquity of the ketubah as he states the ketubah is not mentioned in the bible and therefore is an institution of man, which instead reflects the Hammurabi law code. However, the biblical text of Genesis reveals that the practice of making marital agreements was present during the time of Ishmael as mentioned in Genesis 21:21 when his mother Hagar took a wife for him. Based on the Book of Tobit where a ketubah is first mentioned, biblical texts show the ketubah dates back to the Pre-Maccabean period. The Elephantine papyri give evidence to this.
Continued on next page: