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JEWISH MARRIAGE
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Marriage has always been highly valued in Jewish tradition. To marry
was deemed an obligation, and celibacy, as practised by such minority
sects as the Essenes, has never been favoured by mainstream Judaism.
The priests of old usually married, as did the rabbis who succeeded
them in ministering to the people.
For Judaism, marriage serves three interrelated purposes. First, the
propagation of the human species, as commanded in Genesis 1:28,
"Be fruitful and multiply". According to talmudic law, this
obligation is deemed to have been fulfilled when a man has begotten
at least one son and one daughter, just as God created male and
female in the Garden of Eden.
Secondly, marriage affords loving companionship. Again in the words
of the Book of Genesis, "It is not good that man should be
alone.... Therefore shall a man leave his father and his mother, and
shall cleave to his wife, and they become one flesh" (Genesis
2:18 and 24). Ideally, marriage is a lifelong relationship of mutual
fidelity, respect and consideration. Certainly, in the traditional
sources, which reflect ancient patriarchal society, marriage is
viewed primarily from a male perspective, but it is noteworthy that
great emphasis is placed on the rights, economic, social and sexual,
of the wife. A typical rabbinic teaching praises the man "who
loves his wife as himself, and honours her even more than
himself" (Yebamot 62b).
Thirdly, marriage establishes the family as the basic social unit,
and the home as the "little sanctuary" (Ezekiel 11:16) in
which the father corresponds to a priest, the mother to a priestess,
and the table to an altar. It is where children can grow up under the
loving protection and guidance of their parents, and where the Jewish
religion can be practised and transmitted from generation to generation.
That, broadly speaking, is the philosophy of Jewish marriage. We
might also note that the notion of Romantic Love-a mediaeval European
concept-played little or no part in Jewish or other marriages in the
ancient world, which were commonly arranged by the parents. Nowadays,
in almost all Jewish communities, young people choose their own
marriage partners: Jewish law does not permit anyone to be married
against his or her will. Even so, in some instances their choice is
subject to a number of restrictions.
It might seem superfluous to begin by mentioning that Jewish marriage
is monogamous, but this was not always the case. Male (but not
female) polygamy was permitted in biblical and talmudic times,
although increasingly rarely practised; but it was not until the
twelfth century that it was formally prohibited among Ashkenazi Jews,
although it is still theoretically permissible, where the law of the
land allows it, among Sephardi Jews.
A more pertinent restriction is that a Jewish marriage is only
possible where both parties are Jewish. Jewish opposition to mixed
marriages stemmed, in ancient times, from the fear that paganizing
influences would subvert the nation's religious life; it stems today
from concern at the demographic consequences for the survival of the
Jewish people should inter-marriage continue at the high level -
between 25 and 50 per cent - that it has reached in America and some
European countries, including Great Britain. If that sounds like a
negative reason for regretting marriage out of the Jewish faith, a
more positive one, which statistical surveys seem to confirm, is that
a couple's chances of cementing a stable marriage are strengthened by
a background of shared outlook, aspirations and religious values.
When one of the partners is not Jewish, he or she can, of course,
convert to Judaism and thereafter be married in a religious ceremony.
All that needs to be said here is that conversion under ULPS auspices
is more welcoming and less rigorous than under Orthodox Judaism, but
that subsequent recognition as a Jew will tend to be limited to
non-Orthodox communities worldwide.
A third restriction is the "forbidden degrees" of
consanguinity and affinity stated in the Bible (principally Leviticus
18), and elaborated in later rabbinic law. These forbidden unions
broadly accord with those prohibited by the civil legislation of most
countries, but two complications need to be mentioned. The first
concerns a husband who disappears without trace, for example at sea,
or during a war. Whereas the civil authorities may declare the
putative widow free to re-marry, traditional Jewish law would not
permit her to do so without what it regarded as indubitable evidence
of his death. In such a case, the ULPS Rabbinic Conference, unlike
Orthodox rabbis bound by all the requirements of traditional law,
would do its utmost to help the woman, and would allow her to
re-marry in a religious ceremony.
Other complications may arise in divorce cases. Jewish tradition
extols marriage but recognises that a breakdown of the relationship
can occur, for a variety of causes, and so allows divorce. In
Orthodox Judaism, the religious procedure for this, based on
Deuteronomy 24:l-4, can only be initiated by the husband, and after
a civil dissolution of the marriage has been granted. If, for
whatever reason, a Jewish couple who have obtained a civil divorce
are unable, or unwilling, to proceed with a religious divorce, called
in Hebrew a get, then according to traditional law the woman
is still "tied" to her former husband; were she to re-marry
in such circumstances, her second marriage would be technically
adulterous, because in contravention of the "forbidden
degrees", and therefore any children of it would be mamzerim, -
that is, the offspring of a prohibited union and debarred, in their
turn, from marrying another Jew who is not similarly a mamzer. Progressive
Judaism disregards the law and disabilities of the mamzer as
being ethically unjust. We permit a man or woman to re-marry in
synagogue without a prior religious divorce, although, to safeguard
themselves, we recommend that they should transact a get, and
will put them in touch with the relevant Orthodox authorities.
Similarly, traditional Judaism does not permit the religious marriage
of a divorcee to a Cohen - that is, to someone bearing the
name of the ancient priestly caste. Progressive Judaism has discarded
all laws and practices pertaining to the hereditary priesthood, and
so would allow such a marriage to be solemnised in synagogue.
It can be seen that Progressive Judaism generally adopts a more
enlightened attitude to the whole question of marriage and religious
divorce, but do consult a ULPS rabbi if you have any queries or
anxieties about this complex issue.
As is evident from the obligations and expectations surrounding it,
Judaism regards marriage as a serious undertaking, not to be entered
into lightly. The ideal Jewish marriage could be described as a
triangle, with two human beings at its base, and their Creator at its
apex. In a Jewish marriage, the partners complement each other and
fulfil themselves, their union blessed and sanctified by God. It is a
solemn commitment, requiring patience, tact and loving sympathy;
liable at times, as all human relationships are, to anger,
disappointment and pain; but at its best affording the potential for
that happiness which, according to the blessings of the marriage
ceremony, Adam and Eve experienced in the Garden of Eden. (For further information, see also Guide to Jewish Marriage by Rabbi John D. Rayner, published by the ULPS, price GBP1.00, plus postage.) |