A secular couple’s wedding
By profession, I am a rabbi who officiates at secular weddings. Sometimes it creates a slightly strange feeling – a religious ceremony, with all its halakhic details, is being held for people who themselves do not observe Torah and mitzvot.
If we go into details, for example: the wine that is blessed under the canopy – the bride and groom themselves cannot open it, because it is “wine offered” to someone who publicly violates Shabbat.
And the main issue: until the consecration. Halacha requires the testimony of at least a person who observes Shabbat. In practice, the groom himself is disqualified from such testimony.
Right now, these are mainly feelings that accompany me. But as a rabbi with innovative halachic thinking, I’m interested in your opinion: Would you try to think of a place to ease these requirements? Such as the level of religion of the witness. Or is it that from the perspective of the couple, “in Vienna, you will be Viennese,” and from a very specific point in life they requested a religious ceremony, and all the criteria must be met?
Discover more from הרב מיכאל אברהם
Subscribe to get the latest posts sent to your email.
A. The bride and groom can open it, since it is unlikely that the prohibition against wine was stated for the person himself (is it forbidden for a person who does not observe Shabbat to open wine for himself?). There is no obligation to distance the person from himself. Unlike just wine, with regard to a wedding wine, one must discuss it, since wedding wine is a prohibition against hafza and wine is forbidden against hafza, and therefore, apparently, it is also forbidden for the person himself. And one must be careful about this.
on. The requirement for the witness to be observant of Shabbat even though the groom is not does not seem problematic to me. This is a requirement for a kosher witness (and as is known, this is evidence of the observance of this). There is no requirement that the groom be observant as a condition for his kiddushin to apply.
third. Therefore, I would not relax any binding (preventive) halakhic requirement. In requirements that are customary or something that does not prevent, there is room for relaxation even for religious people.
D. My system is that the commandments of a person who does not believe in God or in the status of Mount Sinai are not commandments and his transgressions are not transgressions. I was asked in the past how his kiddushin is valid, and I answered that kiddushin is a contract. Whoever signs the contract is obligated to it (he says that he is obligated according to the Law of Moses and Israel, to everything it says, even if he does not know what exactly it includes). The commandment of kiddushin (to the extent that there is one, I think it is very doubtful whether it is also a mitzvah in the Rambam), of course the groom does not have such a commandment. But the contract was made and it is valid.
the. I wouldn’t preach to a secular couple to get married as a “Dmoi”. I’m not sure that there’s much value in that. But if they want to, there’s no reason not to hold such a ceremony, and it should be done with all its details and grammar.
and. On the other hand, sometimes such couples demand equality. Just this morning someone asked me about the bride’s additional signature on the ketubah. I told him that I don’t think there is a halachic problem with this, but I don’t understand this egalitarian trend (like the groom receiving a ring, and having the bride secretly twirl a woman’s hand twirl it by a man, etc.). After all, the ketubah is a commitment from the groom to the bride, and not vice versa. It’s not equal. So if the bride also signs, will it become equal? Equality depends on the essence and not on the ceremonies. On the other hand, the desire for the bride to give a ring is also nonsense in my opinion. The act of consecration is completely egalitarian, since the consent of both parties is required. The form of applying ownership is that the man gives a ring. But it’s a ceremony and not something substantive, so I don’t understand why it bothers anyone. Or alternatively, if the bride also gives a ring, will it change anything? All of these are scrambled trends that lack any taste or smell.
In short, whoever wants a halakhic ceremony should accept it as it is and not confuse the mind. As for the rabbi of the wedding, in my opinion there is no reason or justification to change anything. Halacha is Halacha, and whoever doesn’t want it shouldn’t buy it.
As mentioned, there are requirements that must be discussed halachically, regardless of secularism. Writing the ketubah in Aramaic. Various circumambulation ceremonies. Only men recite the seven blessings, and more. In all of this, there is room for leniency even for religious people, regardless of secularism.
Regarding the level of religiosity of the witness, he is supposed to be a Sabbath keeper. There is a place to qualify a witness who is not a Sabbath keeper these days, since nowadays this is an accepted norm and it does not mean that he is an unreliable witness (of course assuming that the problem with the Sabbath violator is his credibility). There are other reasons to qualify even if the problem is not credibility (for example, if the problem is to legitimize the offender, today there is an opinion that offenders are not a marginal minority but the majority of the public and it is not reasonable to allow them to be prime minister and president of the Supreme Court but cannot be a witness at a kiddushin). Indeed, there are some jurists who have qualified secular people today to testify. It is true that in the case of a kiddushin testimony, it is customary to be stricter, apparently because it is testimony to the existence of something and not testimony in a court of law that requires credibility. But I doubt whether there really should be a division, since a witness is required for a Sabbath keeper, and if he is a kosher witness for testimony in a court of law, there is no reason not to qualify him to perform anything at a kiddushin.
Discover more from הרב מיכאל אברהם
Subscribe to get the latest posts sent to your email.
Thanks for the detailed answer.
Indeed, as you said, most couples ask for elements of ”equality”, usually in a kind of feminist critical attack on the ceremony, most of the demands are based on ignorance of the process and characteristics of the ceremony.
You write that when the groom says "as is my will", it is a valid contract even if he does not know all the details. I wondered if this is true only in relation to a religious person, but with a secular person it is not clear that he even recognizes that there is marital property here and there is apparently no agreement between the buyer and the seller, just a religious ceremony that a rabbi invites to because he is Jewish and that is the custom.
Someone once told me that the essence of the kiddushin is "asr la ekholi alma ka kedesh" (forbidden to eat her as a gift) and this certainly applies to secular people (although there is a prior intention for an open marriage), but I was not convinced because it seems that property law is also required, and there is no opinion on this here.
Kiddushin does have a contractual aspect, but also a legal/proprietary aspect that is difficult to see how it applies in a secular marriage.
What do you think?
What is called property in the kiddushin is not ownership. It is an act that applies the kiddushin. The groom accepts upon himself everything that is said. Incidentally, the rabbi who is giving the wedding should explain to the couple what is involved.
I accept your words, and yet, a religious person assumes a metaphysical(?) dimension in which the Kiddushin apply, and even though he does not know the details, he accepts them as “according to the text I have”. The argument is that the average secular groom does not necessarily recognize such a dimension, and from his perspective it is a formal or traditional ceremony only, with the rabbi there as a Jewish cultural decoration, similar to a priest at a Christian wedding. He wants to get married “as Jews get married” but from his perspective it is a matter of folklore, tradition, etc.’ and not exactly a legal marriage.
There are many religious Jews who don't accept that Kiddushin has a metaphysical dimension. That's really not a hindrance.
Leave a Reply
Please login or Register to submit your answer