Q&A: Clarifications Regarding the Wedding Canopy and Betrothal
Clarifications Regarding the Wedding Canopy and Betrothal
Question
Hello Rabbi,
We are about to get married soon and wanted to consult about the various laws and customs involved in conducting the wedding canopy ceremony.
We would be glad if you could help us clarify the issue in its various halakhic aspects.
We want to hold a halakhic ceremony on the one hand, while on the other hand giving equal place to both of us, the woman and the man.
A bit of background about us: both of us are graduates of Torah-study programs (Nishmat Midrasha and Mercaz HaRav Yeshiva), and both of us know, love, and respect the Torah world. Over the years, both of us have studied many of your writings (articles, columns on the site, Quartet, Trilogy, and more) and strongly identify with the outlook and approach to many topics. In short, a kind of rabbi-student relationship in our time:)
We would be very happy if you could help guide us on various halakhic issues connected to the wedding arrangements. We thought of several topics that we know from personal experience have raised questions for us, and we would be very glad to hear additional points and directions for thought.
These are the topics we would like to clarify –
- Prenuptial agreement – there has been much discussion on the topic.
- Is there any halakhic prohibition or halakhic problem with such agreements? If they are possible, is there a preferable version from a halakhic standpoint and from a legal standpoint (in terms of Israeli law)?
- Does the Rabbi know of a wording (or perhaps have his own wording?) for this kind of agreement?
- Wedding officiant –
- Are there any requirements for who this can be?
- Must it be a religious man?
- Can a woman officiate at the ceremony?
- Can a person who does not believe officiate at the ceremony?
- The seven blessings under the canopy –
- Who can recite the blessings? Can any person (including someone who does not believe) recite them?
- Can two people come up and recite the same blessing together (for example, a man and a woman reciting one blessing together)?
- The “custom” of an eighth blessing –
- Is there any problem/prohibition in reciting this blessing during the ceremony immediately after the seven blessings?
- Ketubah –
- Are there any wordings suited to the reality of our modern lives (in terms of content and language)?
- Is there an obligation that the ketubah be in Aramaic, or can it be in any language?
- Must the whole ketubah be read aloud during the ceremony?
- Who can read the ketubah aloud? Must it be a religious man?
- A ring from the bride – can the woman give the man a ring during the ceremony? If not, why not? Is there a time/place where it can be given?
- The blessing of Shehecheyanu – can the man and woman recite the blessing of Shehecheyanu together during the ceremony?
With thanks and great appreciation,
Answer
First of all, congratulations to you both.
I’ll begin with a general comment. As a feminist who believes with all his heart in equality (as much as possible halakhically, and even beyond that), I strongly recommend that you relate to this ceremony in a balanced way. There are parts of it that are perceived as unequal without any real basis. There are parts that really are unequal, but why does that matter?! We do this ceremony as a continuation of a longstanding tradition of which we are a part (including the parts we don’t like. Think of secular people who say “with God’s help,” and the like). In the end, equality does not depend on declarations or ceremonies, but on the character of the home you build together. That is what really matters. In my view, this whole preoccupation with ceremonies and producing them is nonsense and folly, and unloading onto this all the frustrations and longings for equality is unnecessary and unhelpful. This whole ceremony is a joke that people forget two days after it takes place, and the energy invested in it is simply wildly unreasonable. Not in the production itself, and not in the striving for equality, etc.
Therefore, a prenuptial agreement and such conditions are very important questions, because they determine the legal relationship between you. That is a substantive issue. The question of whether the bride circles you or the other way around, and whether the person reading the ketubah will be a man, a woman, or a frog, seems to me really unimportant. You could instead also dance a hora on your heads, equally or unequally. Why is this important? Why is it interesting?
Now, after clarifying my principled position (which in my view is more important than all the answers), I’ll turn to your questions.
First, I need to make two preliminary remarks:
A. These clarifications have a halakhic side and a legal side (because in Israel there is a mixing between these two planes). Therefore every step you decide on needs to be examined halakhically and legally. In general, I recommend consulting organizations that deal with this; they advise both halakhically and legally.
B. Most of these decisions are supposed to be made together with the wedding officiant; otherwise you’re spinning your wheels. You might want one thing and he won’t agree, or vice versa. If you decide to marry privately (not through the Rabbinate/Tzohar, etc.), then of course you can choose any rabbi you want. Still, these matters need to be worked out with him. So I’ll begin with the question of the officiant.
- There is no Jewish law whatsoever that requires any wedding officiant. In fact, this is a superfluous role, purely ceremonial. Its original purpose was that someone knowledgeable should make sure the proceedings are carried out properly according to Jewish law. But the officiant has no constitutive role. Therefore there is also no problem if the officiant is a man, a woman, a monkey, or a silkworm. That said, it is accepted among us that one who is not expert in the laws of divorce and betrothal should not involve himself with them. So you should take a person who is knowledgeable in Jewish law and can make sure the business is carried out properly and correctly. He can of course be a man or a woman or a gentile, and also an atheist, so long as he is expert in the relevant laws and you trust that he will indeed implement them. A wedding canopy ceremony can also be conducted with no officiant at all. It is halakhically valid as long as it was done properly.
- Regarding prenuptial agreements, there are several accepted versions on the market. I’m not familiar with their details, but various women’s organizations (Mavoi Satum, Justice for Women, and others) will update you on everything needed. In my view it does not matter all that much, because in the end these agreements are not accepted by the Rabbinate, and in a divorce, if there is one, the matter goes to the Rabbinate (as far as I know, there is currently no private divorce in Israel). You of course need to decide whether you are satisfied with a prenuptial agreement or whether you also want a condition (one that nullifies the betrothal if something problematic happens). I recommend both.
There is no halakhic problem whatsoever with such agreements, nor with a condition. True, most halakhic decisors oppose such agreements, but that is only on the basis of policy considerations. According to all opinions, there is no prohibition in this, even if they tell you otherwise. In my view, even from the standpoint of policy it is proper and correct to sign both an agreement and a condition.
You can find wordings online or through the various organizations.
- Anyone can recite the blessings. In the past it was customary that women not recite them because of the dignity of the congregation. Today, in my opinion, that is not relevant and there is no problem whatsoever. By the way, only recently Hannah Kehat published that her father, Rabbi Shlomo Fischer (who has now passed away), told her this as a halakhic ruling. However, in my opinion one should not give a blessing to someone who does not believe (regardless of the question whether he is observant. The blessing of a person who does not believe has no meaning, and in my opinion it does not count at all. When my daughter got married, she asked me whether to give blessings to this person or that one, and I told her that the criterion was to verify with them that they believe. She conducted a survey among my children to figure out which of them could recite a blessing. That was how I finally found out which of my children believe and which do not. It was very amusing, and I won’t deny that from my point of view it was also a little sad).
It is preferable not to have two people recite together; two voices are not heard clearly. But I don’t think it is indispensable.
- I’m not familiar with this custom. I understand that it means adding a blessing after the seven. If it is clearly announced that this is a non-halakhic addition, and some break is made, then in my opinion there is no problem with it.
- I do not know of a modern wording for the ketubah, but that also is not important. What determines what will happen between you is social practice, not the ketubah. In my opinion one should not make an issue of this. If you want to write the ketubah in Hebrew, that arouses antagonism among many people, but in my opinion there is no problem with it. It is even preferable.
You do not have to read the ketubah at all during the ceremony. This is a custom whose purpose is to separate between the betrothal and the marriage. You could also do a short dance in the middle in order to separate between them, or blow a trumpet.
Anyone can read the ketubah aloud, including an atheist monkey. As noted, it is also possible not to read it at all. But personally I am entirely in favor of reading it, because it emphasizes the legal-contractual dimension present in marriage, beyond the romance and angels and rosy wings that everyone standing under the canopy imagines they see in their mind’s eye. One should remember that there are mutual contractual obligations between you, and this is an essential and important part of your bond. It is fitting to place that at the height of your joy. See the things I said at the wedding of my eldest son. Also see the latest column that went up yesterday on my website.
- This is a serious halakhic question, and here I would be strict. The woman cannot give a ring to the man during the ceremony. The ring has to come from the man to the woman, since he is the one betrothing her. When the woman betroths him, that invalidates the betrothal. If you want to do an additional ceremonial act afterward and declare that it is not part of the betrothal, that is possible. See my introduction above: the inequality of this ceremony is meaningless. The man is not buying the woman, nor any of those fantasies. That is not the halakhic meaning of the betrothal ceremony, and certainly not its practical meaning. If anything, she is buying him. 🙂
- Definitely yes, in my opinion.
Again, congratulations, and you are welcome to reach out if there is anything else you would like to discuss.
Discussion on Answer
A distinction must be made between prenuptial agreements and a condition. Prenuptial agreements can be enforced in court, like any legal agreement. So that certainly has significance. As for the condition, that is solely the Rabbinate’s business (because unfortunately the court does not deal with the validity of the marriage), and the Rabbinate will do backflips in the air not to recognize it. Even so, I am in favor of it for two reasons: 1. The Rabbinate too may recognize the condition if by chance it comes before an honest judge, because halakhically it is clear that the condition is valid. 2. Even if the Rabbinate does not recognize it, each of you will still be able to remarry lawfully outside the Rabbinate if you wish, because even if the Rabbinate does not want to acknowledge it, the truth is that you are not married if the condition nullified the betrothal. In such a case, strictly speaking a bill of divorce is not required and there is no need to go through the Rabbinate.
As for a break during the seven blessings, see a review here: https://www.inn.co.il/news/348133
There is a dispute among the halakhic decisors, but in my opinion one can definitely be lenient. Even if the decisors who say you made an improper interruption are correct, it is unlikely that this invalidates the blessings.
Congratulations, and don’t hesitate to reach out again if needed.
Thank you very much for the quick and detailed reply! 🙂
Regarding the prenuptial agreement and the condition, you really helped us make order in these topics. With God’s help, we hope for a substantive change in the Rabbinate in our own days.
As for the interruption issue, we found the article by Rabbis Stav that was published in Tehumin; we’ll study it and consult with our wedding officiant:)
Again, thank you very much for all the help and the quick, detailed response! Your words helped us greatly and gave us quiet and peace of mind.
Only happy occasions for everyone!
Hello Rabbi Michael! How are you?
Following up on the last topic we asked about, prenuptial agreements and conditions, we came to the agreement of the Center for Women’s Justice (the wording is attached below).
We wanted to ask: if we sign this agreement, is there an obligation to tell the wedding officiant about it? And also to tell the witnesses who sign the ketubah?
Is there a difference in this respect between the prenuptial agreement and the condition?
In addition, we would be happy to hear your halakhic opinion on the wording of the conditional deed. Would you add/change anything? Or is there anything in the wording that we should pay attention to?
We hope the questions aren’t too much of a bother:)
Thank you very much!
Hello,
I no longer remember the details of our discussion in the past, and what was already discussed and what was not.
The prenuptial agreement is nobody else’s business, and nobody needs to know about it. The question is only about the condition, because it is part of the betrothal itself.
There is no obligation to tell the wedding officiant about it, since the rabbi has no real standing in the ceremony. As long as there are witnesses and the ceremony is conducted properly according to Jewish law, it is valid even without any officiant at all. But if you are marrying through the organizations mentioned above, Mavoi Satum or Justice for Women, then the rabbis there conduct the marriage with the condition and the agreement in mind, and there is no problem telling them. On the contrary, as far as I know they do not conduct betrothal without it. Of course, the legal registration of the marriage in such a case (where it was not conducted through the Rabbinate) requires additional procedure, as they will instruct you there.
I am not sure there is an obligation that the witnesses know about the condition. The question is whether at the time of the betrothal it must be said that the betrothal is being done on condition, and it is not enough that you signed the deed beforehand. If so, then the witnesses and the rabbi will know in any case. In any event, the ketubah witnesses are certainly not relevant; the question is only about the witnesses to the betrothal (though usually they are the same witnesses). It seems to me that there is no obligation to say it at the time of the betrothal, so long as the deed is signed and has valid witnesses on it.
Of course, the big question is whether a religious court will recognize this condition. It is likely that a Rabbinate court (and only they deal with divorce) will not. But it still opens up possibilities for you to remarry without the Rabbinate, of course.
In short, to be safe, I recommend that if you do this with an agreement and a condition, then the conducting of the ceremony itself should also be done in a way where everyone is aware and knows. That is the safest halakhically and the most correct in substance. If you nevertheless decide to marry through the Rabbinate and you are afraid (justifiably) to tell the rabbi that there is a condition here, I suggest informing your witnesses not in the rabbi’s presence. Then the witnesses know, and that seems to me proper and valid. If the witnesses to the betrothal also sign the conditional deed, that is best.
First of all, a very big thank you (!) for the detailed response to all the different sections, and also for the introduction and presentation of your general approach to the topic:)
After reading your words, we found ourselves once again agreeing and identifying with them:), and in addition we read the two articles you attached and really enjoyed them too! We’ll pass them on, with God’s help.
One thing that was not clear to us was your approach to signing a prenuptial agreement. You wrote: “In my view it does not matter all that much, because in the end these agreements are not accepted by the Rabbinate, and in a divorce, if there is one, the matter goes to the Rabbinate (as far as I know, there is currently no private divorce in Israel).”
If so, what are these agreements useful for? Is the benefit in a case of divorce that goes to a civil court and not to the Rabbinate?
And another question: can one make a break between one blessing and the next during the seven blessings? If so, how much? Can a few brief words of blessing be said?
Again, thank you very much for the detailed response! We really appreciate it!