Ketuba

Is a Ketuba really required? I don't see it mentioned in the Torah.

Shalom!

Thank you for your question.

There is a difference of opinion whether giving one’s wife a ketuba is a Torah requirement or a rabbinic one. Those who maintain that the ketuba is a Torah requirement base their opinion on a verse in the Torah. The Torah states that one who unlawfully had relations with a virgin should “pay the amount of silver shekels that is awarded to virgins.” It is explained that this verse indicates that, according to Torah law, a woman is entitled to receive a dowry from her husband upon marriage.

Those who maintain that the ketuba is rabbinic in nature argue that the rabbis instituted the ketuba in order that it not be easy for a man to divorce his wife on impulse. Indeed, a husband who is bound to an agreement that obligates him to pay a handsome sum of money should he divorce his wife will certainly think twice before doing so.

There is also a view that the ketuba for a virgin bride is a Torah requirement, while the ketuba for all other brides is a rabbinic one. Yet others say that the status of the ketuba is that of an asmachta , a rabbinic enactment that is hinted to or otherwise finds support in the Torah, though it is not an outright Torah requirement. Finally, there is a view that the concept of a ketuba is a Torah requirement, while the value and other details of the ketuba were left for the rabbis to decide. The consensus of most halachic authorities seems to be that the ketuba is actually a rabbinic enactment.

The use of a ketuba is ancient and even predates the Torah. We are told that Joseph wrote a ketuba for his wife, Osnat. There is also evidence to suggest that, in ancient times, even non-Jews gave their wives a type of “ ketuba ”.

SOURCES: Rashi, Bereishit 34:12, 48:9; Kalla Rabbati 3; Ketubot 10a (Tosfot),11a; Ketubot 90a with Rashi; Yevamot 89a; Tosfot, Sota 27a; Rambam, Hilchot Ishut 10:7, 11:14; EH 66:3.