Inquiries regarding the chuppah and kiddushin
Hello Rabbi,
We are getting married soon and wanted to consult about the various laws and customs in holding the wedding.
We would be happy if you could help us clarify the issue in its various halachic aspects.
We want to hold a halakhic ceremony on the one hand, and on the other hand, give equal space to both of us, the woman and the man.
A little background on us, we are both graduates of Torah study programs (Midrashet Neshem and Yeshiva Merkaz HaRav) and we both know, love and respect the Torah world. Over the years we have both learned a lot from your writings (articles, columns on the website, Quartet, Trilogy, etc.) and identify very much with your perception and approach to many topics. In short, a kind of connection between a rabbi and students in our time 🙂
We would be happy if you could help and guide us on various halachic issues related to marriage arrangements. We have thought about several issues that we know from personal experience that have raised questions for us, and we would be very happy to hear additional points and directions of thought.
These are the topics we would like to explore –
- Prenuptial agreement – there has been much discussion on the subject.
- Is there a halakhic prohibition or halakhic problem with these agreements? If possible, is there a better version from a halakhic and legal perspective (from the perspective of Israeli law)?
- Does the rabbi know of a formula (or perhaps has his own formula?) for this type of agreement?
- The canopy maker –
- Are there any requirements for it?
- Does a man have to be religious?
- Can a woman perform the wedding ceremony?
- Can a non-believer perform the wedding ceremony?
- Seven blessings on the wedding –
- Who can recite the blessings? Can anyone (including a non-believer) recite the blessings?
- Is it possible for two people to rise to recite the same blessing together (i.e. a man and a woman to rise to recite the blessing together)?
- "Custom" of the eighth blessing –
- Is there a problem/prohibition to recite this blessing during the wedding ceremony immediately after the seven blessings?
- Ketubah –
- Are there any formulas that are appropriate for our modern reality (in terms of content and language)?
- Is it mandatory for the ketubah to be in Aramaic or is it possible in any language?
- Do we have to recite the entire thing during the wedding ceremony?
- Who can recite the ketubah? Does it have to be a religious man?
- A ring from the bride – Can the woman bring a ring to the man during the wedding? If not, why not? Is there a time/place where it can be given?
- Birkat Shechaiyanu – Can the man and woman recite the Birkat Shechaiyanu together during the wedding ceremony?
With great thanks and appreciation,
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- There is no halakhah that requires a wedding officiant. In fact, it is an unnecessary and ceremonial role. Its basic purpose was for someone knowledgeable to ensure that matters are conducted lawfully. But it does not have a constitutive role. Therefore, there is no problem with the wedding officiant being a man, woman, monkey, or silkworm. It is true that we have accepted that someone who is not knowledgeable in the art of gittin and kiddushin should not have anything to do with them. Therefore, one should hire someone who is knowledgeable in halakhah to ensure that the business is conducted lawfully and properly. He can of course be a man or a woman or a gentile, and even an atheist, as long as he is knowledgeable in the relevant laws and you trust that he will actually apply them. A wedding can be conducted without an officiant at all. It is halakhically valid as long as it was done lawfully.
- Regarding prenuptial agreements, there are several accepted versions on the market. I am not familiar with their details, but various women's organizations ((Bouy Setom, Justice for Women, etc.) will inform you of everything you need. In my opinion, it doesn't really matter, because ultimately these agreements are not accepted by the Rabbinate, and in the event of a divorce, the matter will go to the Rabbinate (as far as I know, there are no private divorces in Israel today). You, of course, need to decide whether you are satisfied with a prenuptial agreement or want a condition (which cancels the consecration if something problematic happens). I recommend both.
- Anyone can give a blessing. In the past, it was accepted that women would not give a blessing out of respect for the public. Today, I think it is irrelevant and there is no problem. By the way, it was only recently made public by Hannah Kehat that her father, Rabbi Shlomo Fischer (who has now passed away), told her this according to the law. Although in my opinion, one should not give a blessing to someone who does not believe (regardless of whether he is observant. The blessing of a non-believer has no meaning, and in my opinion it does not count at all. When my daughter got married, she asked me whether to give a blessing to someone or someone unknown, and I told her that the criterion was that I would make sure they believed. She conducted a poll among my children to find out which of them could give a blessing. That is how I finally found out which of my children believes and which does not. It was very amusing, and I will not deny that it was also a little sad for me).
- I am not familiar with this custom. I understand that it involves adding a blessing after the sheva. If they clearly announce that this is a non-halachic addition and make some kind of a ruling, there is no problem with it in my opinion.
- I don't know a modern version of the ketubah, but that's not important either. What determines what will happen between you is social customs, not the ketubah. In my opinion, there's no need to make a big deal out of it. If you want to write the ketubah in Hebrew, it arouses antagonism among many, but in my opinion there's no problem with that. It's even desirable.
- This is a serious halakhic question and here I would be careful. The woman cannot give a ring to a man at the wedding. The ring must come from the man to the woman, since he sanctifies it. When the woman sanctifies it, it invalidates the Kiddushin. If they want to make a ceremonial addition later and declare that it is not part of the Kiddushin, they can. See my introduction above, the inequality of this ceremony is meaningless. The man does not buy the woman or any of these delusions. This is not the halakhic meaning of the Kiddushin ceremony and certainly not its practical meaning. If anything, then she buys him. 🙂
- Definitely yes, in my opinion.
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