MARRIAGE
776
MARRIAGE
bah {t^'Z'^,T'2)= donatio propter or ante nuptlas, or the marriauf-sottlement, alluded to in the book of Tobit (vii, \h ), ;vas then written, which in the case of a maid- en always promises 200, and in the case of a widow 100 denar (each denar being equal to 90 grains of pure gold), whether the parties are rich or poor (Mishna, Kethu- bot/'i, i, 2), though it may be enlarged by a special cove- nant (rtjinD niSDir). The dowry could not be claimed until the termination of the marriage by the death of tlie husband or by divorce (ibid, y, 1), though advances might be made to the wife previously (ix, !S). Subsequently to betrothal a woman lost all power over her property, and it became vested in the husband, un- less he had previously to marriage renounced his right to it (viii, 1 ; ix, 1). The marriage must not be cele- brated before this settlement is written {Buba Kama, 89). The wording of tliis instrument has undergone various changes in the course of time (Kethiiboth, 82 b). The form in which it is given in the Talmud, by Mai- monides, etc., is as follows : " Upon the fourth day of the week, on the ... of the month, in the year ... of the creation of the world, according to the computation adopted in this place. A, son of B, said to C, spinster, daughter of E, ' Be thou my wife according to the law of Moses and Israel, and I will work for thee, honor thee, maintain thee, and provide for thee according to the custom of Jewish husbands, who work for their wives, honor them, maintain them, and provide for them hon- estly ; I also give thee the dowry of thy virginity, 200 silver *S';/.s', which belong to thee by the law, as well as thy food, thy apparel, and whatsoever is required for thy maintenance, and I will go in to thee according to the custom of the whole earth.' And C, the spinster, consented, and became his wife. The dowry which she brought him from the house of her father, in silver, gold, and ornaments, as well as in apparel, domestic utensils, and bedding, amounts to . . . piu-e silver, and A, the bridegroom, has consented to add to it from his own property the same sum ; and the bridegroom said thus : ' I undertake for myself and my heirs after me the security for this Kethubah, this dowry and this addi- tion, so that the same shall be paid from the best and most choice of my possessions which I have under the whole heaven, which I have acquired or shall acquire in real or personal property. All this property is to be mortgaged and pledged, yea, even the coat which I have on is to, go in order to pay this Kethubah, this down,' and this addition, from tliis day to all eternity.' And the surety of this Kethubah, this dowry and this addi- tion, A, the bridegroom, has undertaken in the strict- ness of all the Kethubahs and supplement instruments usual among the daughters of Israel, and which are written according to the order of our sages of blessed memory, not after the manner of a mere visionary prom- ise or empty formula. We have taken possession of it from A, the bridegroom, and given it to C, spinster, daughter of E, according to idl that is written and ex- plaincil above, by means of such a garment as is legal in the talcing of possession. AU this yea and amen. (Signed) . . ." Comp. Maimonides, Jad Jla-ChazaJca Ililchoth Jebum Ve-Cheliza, iv, 33. Among the more modem Jews it is the custom in some parts for the bridegroom to place a ring on the bride's finger (Picart, i, 239) — a custom which also prevailed among the Ro- mans (Smith, 7/(C/. of Ant. p. OOJ:). . Some writers have endeavored to jjrove that the rings noticed in the O. T. (Exod. XXXV, 22; Isa. iii, 21) were nuptial rings, but there is not the slightest evidence of this. The ring was nevertheless regarded among the Hebrews as a to- ken of fidelity (Gen. xli, 42), and of adoption into a family (l.ukc xv, 22). According to Selden it was orig- inally gi\en as an equivalent for dowry-money {U-ror Ebrair. ii. 14). After the daeument was handed over to the bride, crowns, varj-ing in expense according to the circumstances of the parties, were placed upon the heads of the bridal pair (Sota, 49 a. b), and they, with their relations and friends, sat down to a sumptuous repast ;