Ketubah: Content, Status, and Purpose

§ It was stated: Rav Naḥman said that Shmuel said in the name of Rabbi Shimon ben Elazar: The Sages instituted the marriage contract for Jewish women: For a virgin two hundred dinars and for a widow one hundred dinars. And they deemed the groom credible in that if he says with regard to his virgin bride: I encountered an unobstructed orifice and she is not a virgin, he is deemed credible, causing her to lose her marriage contract. The Gemara asks: If so, and the Sages deemed him credible, what did the Sages accomplish in their ordinance that the marriage contract of a virgin is two hundred dinars, if his claim that she is not a virgin is effective? Rava said: The ordinance is effective due to the presumption that a person does not exert himself to prepare a wedding feast and then cause it to be lost. Investing in the wedding preparations clearly indicates that the groom’s intention is to marry the bride and rejoice with her. If, nevertheless, he claims that she is not a virgin, apparently he is telling the truth.

§ A Sage taught in a baraita: Since payment of the marriage contract is a penalty instituted by the Sages, she may collect only from the husband’s land of the most inferior quality. The Gemara asks: A penalty? What penalty is there in a marriage contract? Rather, emend the baraita and say: Since it is a rabbinic ordinance and not a Torah obligation, she may collect only from the husband’s land of the most inferior quality. Rabban Shimon ben Gamliel says: The marriage contract of a woman is an obligation by Torah law. The Gemara asks: And did Rabban Shimon ben Gamliel say that? But isn’t it taught in a baraita that it is written with regard to a seducer: “He shall pay money according to the dowry of virgins” (Exodus 22:16)? The Torah establishes that this fine will be like the dowry of a virgin, and that the dowry of a virgin will be like this fine, i.e., fifty silver sela, or two hundred dinars. From here the Sages based their determination that a woman’s marriage contract is an obligation by Torah law. Rabban Shimon ben Gamliel says: The marriage contract of a woman is not an obligation by Torah law, but is by rabbinic law. The Gemara resolves the contradiction between the statements of Rabban Shimon ben Gamliel: Reverse the attribution of opinions in this baraita. The Gemara asks: And what did you see that led you to reverse the attribution of opinions in the latter baraita? Reverse the attribution of opinions in the former, in the baraita, and say that Rabban Shimon ben Gamliel is the one who holds that the marriage contract is a rabbinic ordinance. The Gemara answers: The reason is that we learned that it is Rabban Shimon ben Gamliel who said elsewhere that the marriage contract of a woman is an obligation by Torah law, as we learned in a mishna (110b) that Rabban Shimon ben Gamliel says that if a man marries a woman in Cappadocia, where the currency is more valuable, and he divorces her in Eretz Yisrael, he gives her payment for the marriage contract from the money of Cappadocia. From the fact that he is obligated to pay the marriage contract in the currency of the place where he undertook the obligation, apparently the marriage contract of a woman is an obligation by Torah law. And if you wish, say instead that the entire latter baraita is in accordance with the opinion of Rabban Shimon ben Gamliel, but the baraita is incomplete and it is teaching the following: From here, the Sages based their determination that a woman’s marriage contract in the case of a virgin is an obligation by Torah law. However, the marriage contract of a widow is not an obligation by Torah law but is an ordinance by rabbinic law, as Rabban Shimon ben Gamliel says: The marriage contract of a widow is not an obligation by Torah law but is an ordinance by rabbinic law.

MISHNA: With regard to a virgin, her marriage contract is two hundred dinars, and with regard to a widow, her marriage contract is one hundred dinars. With regard to a virgin who is a widow, a divorcée, or a ḥalutza who achieved that status from a state of betrothal, before marriage and before consummation of the marriage, for all of these their marriage contract is two hundred dinars, and they are subject to a claim concerning their virginity, as their presumptive status of virginity is intact.

If a husband did not write a marriage contract for his wife, a virgin collects two hundred dinars and a widow one hundred dinars upon divorce or the husband’s death, because it is a stipulation of the court that a wife is entitled to these amounts. If he wrote in her marriage contract that she is entitled to a field worth one hundred dinars instead of the two hundred dinars to which she is actually entitled, and he did not additionally write for her: All property I have shall serve as a guarantee for the payment of your marriage contract, he is nevertheless obligated to pay the full two hundred dinars; and he cannot say that she should take only a mortgaged field for payment of her marriage contract, as it is a stipulation of the court that all his property is held as surety for the entire sum.

Similarly, if he did not write for her in the marriage contract: If you are taken captive I will redeem you and restore you to me as a wife, and in the case of a priestess, i.e., the wife of a priest, who is prohibited to return to her husband if she has intercourse with another man even if she is raped, if he did not write: I will return you to your native province, he is nevertheless obligated to do so, as it is a stipulation of the court.

MISHNA: Although they said as a principle that a virgin collects two hundred dinars as payment for her marriage contract and that a widow collects one hundred dinars, if the husband wishes to add even an additional ten thousand dinars, he may add it. If she is then widowed or divorced, whether from betrothal or whether from marriage, she collects the entire amount, including the additional sum. Rabbi Elazar ben Azarya says: If she is widowed or divorced from marriage, she collects the total amount, but if she is widowed or divorced from betrothal, a virgin collects two hundred dinars and a widow one hundred dinars. This is because he wrote the additional amount for her in the marriage contract only in order to marry her. Rabbi Yehuda says a related halakha with regard to the marriage contract: If he wishes, he may write for a virgin a document for two hundred dinars as is fitting for her, and she may then write a receipt stating: I received one hundred dinars from you. And similarly, for a widow he may write one hundred dinars in the contract and she may write a receipt stating: I received from you fifty dinars. However, Rabbi Meir says: It is prohibited to do this, as anyone who reduces the amount of the marriage contract to less than than two hundred dinars for a virgin or one hundred dinars for a widow, this marital relationship amounts to licentious sexual relations because it is as if he did not write any marriage contract at all.

(7) [A man] must write a marriage contract (a ketubah) [for his wife] before their entry into the chuppah; only afterwards is he permitted to live with his wife. The groom pays the scribe's fee.
How much does [the marriage contract require him to promise to have paid to her in the event of his death or his divorcing her]? If the bride is a virgin, no less than 200 dinarim. If she is not a virgin, no less than 100 dinarim. This amount is called the fundamental requirement of the ketubah.
If the groom desires to add to this amount he may, [promising any sum,] even a talent of gold. The laws pertaining to this addition and to the fundamental requirement of the ketubah are the same with regard to most matters. Therefore, every time the term ketubah is used without any additional explanation, it should be understood to include the fundamental requirement of the ketubah together with the additional amount [promised by the groom]...

(2) With regard to his ten responsibilities: three stem from the Torah. They include sha'arah, kesutah v'onatah. Sha'arah means providing her with subsistence. Kesutah means supplying her with garments, and onatah refers to conjugal rights.
The seven responsibilities ordained by the Rabbis are all conditions [of the marriage contract] established by the court. The first is the fundamental requirement of the marriage contract. The others are referred to as t'na'ei ketubah, the conditions of the marriage contract. They are:
a) to provide medical treatment if she becomes sick;
b) to redeem her if she is held captive:
c) to bury her if she dies;
d) to provide for her from his possessions;
e) the right for her to continue living in his home after his death as long as she remains a widow;
f) the right for her daughters to receive their subsistence from his estate after his death until they become consecrated;
g) the right for her sons to inherit her ketubah in addition to their share in her husband's estate together with their brothers [borne by other wives, if she dies before her husband does].

It was our Sages who ordained the requirement of [writing] a ketubah for a woman. [They instituted this obligation] so that it would not be a casual matter for [her husband] to divorce her.

Rav Naḥman said that Shmuel said...The Sages instituted -- This implies that the ketubah is of rabbinic origin. And similar in "HaIsha Rabbah" with regard to a woman who doesn't have a ketubah (because her presumed dead husband returned from overseas after she remarried), the gemara says, "For what reason did the rabbis institute for her a ketubah? So that it not be easy in his eyes to divorce her." Seemingly, the stam of the gemara reasons that the ketubah is rabbinic.

And this is difficult, as it's our practice to write in the ketubah "The two hundred zuzim that are due to you according to the Torah!" Rabbeinu Tam says that we rely on Rabbi Shimon ben Gamliel of our mishna in the final chapter, which is also brought here, that he said one gives her the money of Cappadocia, as he reasons that the ketubah is Torah-level, and we generally hold like Rabbi Shimon ben Gamliel in the mishneh...And that which it says in HaIsha Rabbah "For what reason did the rabbis institute the ketubah," this is its explanation: What's the reason the rabbis instituted the ketubah in the cases where they instituted it, like with a widow? So that it not be easy for him to divorce her. Here too, they instituted that she not have one, so that it might be easy for him to divorce her.

From the fact that it says "The rabbis instituted for the women of Israel two hundred [zuz]," it implies that the ketubah is of rabbinic level, as we hold like Rav Nachman in monetary/civil cases. And so too it's implied in HaIsha Rabbah with regard to the woman whose husband went overseas and they told her he'd died and she remarried, and then afterwards he returned, that in this case she does not have a ketubah from either party, and it explains the rationale there: "For what reason did the rabbis institute the ketubah? So that it not be easy for him to divorce her" etc., which implies that the stam of the gemara thinks ketubah is d'rabanan. And similarly the stam of our mishna later on in Perek Na'arah, "If he didn't write her a ketubah, a virgin collects two hundred and a widow collects one hundred because it's a condition of the beit din." And also from the fact that she collects poor quality land, it seems this is a rabbinic institution.

And there is difficulty with the minhag to write in Ashkenaz and France, "The two hundred zuzim that are due to you from the Torah." Rabbeinu Tam says that we hold like Rabbi Shimon ben Gamliel [who says ketubah is a Torah-level institution]...And Rabbeinu Chananel explains that we hold like Rav Nachman who said ketubah is d'rabanan, and even though we've said that everywhere Rashbag teaches in our mishna, the halakha is like him, here the halakha is not like him, and we see multiple places in the shas where this happens...All the geonim agreed that a woman's ketubah is d'rabanan...and I've seen some explain that even though we're accustomed to write "as is due to you from the Torah," they agree that the ketubah is d'rabanan, and the rabbis established fifty silver pieces on a "torah level" i.e. from the shekalim that are spoken of in the Torah, so that it not be easy for hiim to divorce her...because of this it's custom to write "as is due to you from the Torah," so that a person not err and think that since ketubah is d'rabanan she should only collect 50 silver pieces of the local currency...and one who writes simply "the two hundred zuzim that are due to you" will not lose out.

And so too paskened the Rambam and the Geonim, all of them [that ketubah is d'rabanan], therefore it's fitting to write in the language of the ketubah "that is due to you from the rabbis," or simply "that is due to you," and if one wrote "that is due to you from the Torah" it's possible that on a Torah level she isn't considered to have any ketubah and it's forbidden to remain married to her [without a new ketubah]. And the sage Rav Pinchas HaLevi wrote that certainly this man didn't intend to remain married to her without a ketubah, and instead wrote this language only to increase her power, i.e. that she collect the zuzim as stipulated in the Torah like the laws of the raped and seduced girl, which is 200 zuzim from the best quality land.

Rav Yehuda said: At first they would write for a virgin two hundred dinars and for a widow one hundred dinars. They would then demand that this amount be available in cash, and then the men would grow old and would not marry women, as they did not all possess such large sums of money, until Shimon ben Shataḥ came and instituted an ordinance that a man need not place the money aside in practice. Rather, all of his property is guaranteed for her marriage contract. The Gemara comments: That opinion is also taught in a baraita: At first they would write for a virgin two hundred and for a widow one hundred dinars, and they would grow old and would not marry women, since the women were concerned that their marriage contract money would be wasted or lost, and they had no guarantee that it would be collected. The Sages therefore instituted an ordinance that they should place it, the sum of the marriage contract, in her father’s house, thereby ensuring its safekeeping. And still problems arose, as when he was angry at his wife, he would say to her: Go to your marriage contract, as it was too easy for them to divorce. Therefore, the Sages instituted an ordinance that they would place it in her father-in-law’s house, i.e., in her husband’s house. And wealthy women would craft their marriage contract money into baskets of silver and of gold, while poor ones would craft it into a large vessel for the collection of urine, as their marriage contract was large enough only for a small vessel. And still, when he was angry at her he would say to her: Take your marriage contract and leave, until Shimon ben Shataḥ came and instituted an ordinance that he does not actually give her the money for her marriage contract. Rather, he should write to her: All my property is guaranteed for her marriage contract, and it is not localized to a particular place or object.

If a husband wrote his wife a ketubah and it was lost or she forgave him the value, having written "I've received my ketubah," he needs to write another basic ketubah, as it's forbidden to remain with one's wife even an hour without a ketubah. Rema: ...and we see later on in Siman 177 that in a case where one can only divorce at the will of the woman (like in the case of the rapist), one does not need to write a ketubah. If so, inour time, in these lands where we don't divorce a woman against her will because of the cherem of Rabbeinu Gershom...it would be possible to be lenient on the writing of a ketubah, but this is not the practice, and there is no need to change itl

It would be possible to be lenient. One can easily differentiate between a case where it's forbidden on a Torah level to divorce the woman (like in the case of a rapist) and a case where it's only on account of the takanah of Rabbeinu Gershom. (And therefore a ketubah is still required in normal cases.)

(4) On the... [day] in the week, in the... month, the year, 57... from the creation of the world, according to the count that we are counting here... , ... the son of... said to this... the daughter of..., "Be my wife, according to the law of Moses and Israel. And I will work to honor , feed, and support you, according to the laws of Jewish men, who faithfully work to honor, feed and support their wives. And I will give you... silver zuz... , which is due to you...; and your food, clothing and needs and to live with you in the manner of the whole world." And Miss ... here agreed and became his wife. And this dowry that she brought in to him from the house of... - whether in silver, in gold, in jewelry, in clothing apparel, in houseware or in bedclothes - our groom has assumed upon himself for... pieces of refined silver. And our groom... agreed and added another... pieces of refined silver from his own corresponding to them - all in all... pieces of refined silver. And our groom... said as follows, "I accept responsibility upon myself and upon my inheritors after me for this marriage contract, for this dowry and for this addition (to the dowry), to be paid from all the best of my properties and possessions under all the skies, that I have acquired or that I will acquire in the future. Whether they are properties that are liened or are not liened, they are all liable and guarantee payment of this marriage contract, this dowry and this addition from me - and even from the cloak on my shoulder. [This holds] during my lifetime and after my lifetime, from today and forever." And our groom... has accepted responsibility and the stringencies of this marriage contract, this dowry and this addition, in accordance with the stringencies of all marriage contracts, dowries and additions customary with regards to the daughters of Israel that are made according to the ordinance of our Sages, may their memory be blessed. This is not like a conjectural agreement nor like a contract template. And it has been validated by our groom... the son of... towards... the daughter of... here about everything that is written and specified above with an object fit to make such a validation (kinyan). It is all binding and established.