Torah.org Home Subscribe Services Support Us
 
Print Version

Email this article to a friend


D. Women - Nashim

"In the fourth book I will include the commandments regarding marital relations, such as marriage and divorce and levirate marriage and chalitzah. And I have called this book the Book of Women."

22. Marriage - Ishus

a) Marriage

If a man wishes to marry a woman he must first "acquire" her before witnesses, as it says "If a man takes (lit: buys) a wife"1; this acquisition is called "consecration" (kiddushin) or betrothal. A woman can be betrothed only with her consent. Once a woman has become betrothed she is regarded as a married woman even if the marriage has not yet been consummated. It is forbidden to have sexual relations with a woman without first betrothing her, as it says "No daughter of Israel shall be a prostitute".2 It is rabbinically forbidden for a man to have sexual relations with his betrothed wife until he takes her into his house and is private with her; this privacy is called "taking under the canopy" (chupah) and constitutes full marriage even if there has been no consummation.a

No man should live without a wife lest he be tempted to sin, and no woman should live without a husband lest she be suspected of sin. A husband and wife should love and honor one another and their life together should be proper and praiseworthy. One should strive to marry into a healthy and scholarly family.b

b) Marital Rights

Before marrying a woman one must draw up a marriage contract (kesubah) giving her at least the value of 200 pieces of silver (or 100 if she is not a virgin) each the weight of 96 grains of barley. The sages instituted this so that divorcing her should be no light matter; if she is divorced for cause (for example, if she is unfaithful) she does not collect it. It is forbidden to remain with a woman if she has no marriage contract.c

A husband is required to provide his wife with food and clothing (including shelter, furniture, utensils, and ornaments) and also to have normal marital relations with her [as it says "He shall not decrease her food, her garments, or her times"3]. The sages further instituted that he must provide medical services if she is sick, ransom her if she is captured, and give her a funeral if she dies; that she (and her daughters by him until they grow up) be supported from his estate as long as she does not collect her marriage contract or remarry; and that if she predeceases him her sons by him inherit the amount of her marriage contract above and beyond their normal share in his estate. In return, he (or his heirs who are supporting her) own anything that she makes or earns (unless she wants to support herself); he owns anything that she finds; he keeps all profits from her property; and he inherits her estate if she dies.d A man is also required to support his children until they grow up and to provide his daughters with marriage portions.e

c) Procreation

Every man is required to have children (at least one son and one daughter), as it says "Be fruitful and increase".4 A man should not marry a woman who cannot bear children unless he has already fulfilled this commandment; if his wife has not conceived after ten years or if she miscarries repeatedly he should take another wife.f

Sources:

1. Deut. 22:13 a. 1:1-4; 4:1; 10:1-2
2. Deut. 23:18 b. 15:16,19-20; Issurei Biah 21:26,30,32
3. Ex. 21:10 c. 10:7,8,10; 24:10
4. Gen. 1:28; 9:1 d. 12:1-4; 13:3-4; 18:6-8; 19:10
e. 12:14-15; 13:6; 20:1,3
f. 15:1,4,7,12



 






ARTICLES ON KI SEITZEI AND ELUL / ROSH HASHANAH:

View Complete List

Parshat Ki Tavo
Shlomo Katz - 5764

Of Men And Women
Rabbi Aron Tendler - 5764

"Easiest of the Easy" and "Hardest of the Hard"
Rabbi Yissocher Frand - 5757

Looking for a Chavrusah?

Doing A Mitzvah With Regard for Another's Feelings
Rabbi Yissocher Frand - 5763

War On Three Fronts
Rabbi Pinchas Winston - 5763

Circumstantial Repentance
Rabbi Yehudah Prero - 5763

Frumster - Orthodox Jewish Dating

Don't Forget to Say Thank You
Rabbi Pinchas Avruch - 5762

Overlook It When You've Been Wronged
Rabbi Yisroel Ciner - 5759

Parshas Ki Seitzei
Shlomo Katz - 5769

> A Time to Remember and Be Inspired
Rabbi Yehudah Prero - 5757

Under One G-d
Rabbi Label Lam - 5772

The Judgment
Shlomo Katz - 5759

ArtScroll

Spiritual Climates
Shlomo Katz - 5773

Call of the Shofar
Rabbi Yaakov Menken - 5760

Ideas for Inspiration
Rabbi Yehudah Prero - 5760

Yefas Toar: The Exception Proves The Rule
Rabbi Yissocher Frand - 5770



Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base




Help

About Us

Contact Us



Free Book on Geulah!




Torah.org Home
Torah.org HomeCapalon.com Copyright Information