The discovery of ancient marriage contracts dating back prior to the written Mishnah from the post-exilic period (538 B.C.-70 A.D.) provides a historical view of ancient marriage practices confirming the continuity of the practice. Meanwhile this offers insight as to the external and internal change of its purpose reflected by the changes from covenantal to contractual language.
Historically the ketubah began as a unilateral oral agreement signifying the protection of women through marriage gift-giving practices in a tribal society. Later as this kinship society becomes stratified into a monarchical system landownership shifts to more focus on bride wealth which involved documenting through a ketubah of this inventory.
A marital covenant is defined similar to the one established at Mt. Sinai, known as the Mosaic covenant. Conditions were set forth between the two parties and became conditional unlike the original Adamic covenant which was unilateral. Thus the original purpose was establishment of blessing upon the bride, however it later shifts to conditional terms should violation of the relationship occur.
The following points should be considered for future discussion and research as it relates to marriage contracts: court systems, cross-cultural aspect, and changes in Non-Jewish religious practices. A Bible Law Textbook by Westbrook and Welles presents the only marital/ketubah litigated outside of a halakhic court in the U.S. is a case from 1999. The Pew Research Center estimated 3.3 million Muslims (2015) living in the United States while there are 6.8 million Jews. Should more religious courts be established? Specifically, Sharia. There are 81.6 million Catholics in the United States (2016) who also have religious exclusion in relation to marital law.
The ketubah market is a growing enterprise. Non-Jews are now purchasing these documents and incorporating them into their marriage ceremonies. With evangelical communities embracing the Judaic practices will the courts eventually view these as prenuptial agreements in the cases of divorce since the parties both sign it?
Source: 2016. “The Ketubah: A Jewish Marriage Contract and Its Cross-Cultural Use” by Sheila F. Whitlock, M.A.J.S.
Sheila F. Whitlock's book on the Ketubah is listed on Amazon, and she is available for meetings and lectures. Contact ATSeminary for information.She has also written a book entitled, " The Shulamite Woman", which is also listed on Amazon.
She is an administrative assistant to the Dean of Jewish Studies and writes indepth research on Jewish subjects.
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