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 |