Marriage Contracts 

Are NOT 

Bills of Sale

Baroness Alianor (Aliyah) bat Asriel Society for Creative Anachronism (SCA)


Email: TheKissingCamels@gmail.com   Middle Kingdom - Pentamere - North Woods - Wealdlake

Table of Contents

Note 1: Of Historical Interest

There are not many extant Jewish manuscripts from the Middle Ages because throughout history and many times over, Jewish property was confiscated, censored, or blatantly destroyed.  According to the British Library Blog, Hebrew Illuminated Manuscripts Online: "From the 13th century, Jewish books were examined by Christian censors in order to eliminate passages that were considered blasphemous. The first official list of prohibited Hebrew books (Index autorum et librorum prohibitorum) was published in 1559, but the expurgation or destruction of certain Hebrew books had started much earlier. Official revisers, usually converted Jews, were appointed to revise Hebrew books and implement the restrictions. Many of the Hebrew items in the Catalogue of Illuminated Manuscripts were present in Italy at some point and include evidence that they were examined by censors."

Note 2: Of Practical Interest - The Purpose

At the 2017 Pentamere Regional Arts & Science Faire I was challenged by my Laurel and mentor, Baronessa Dulcinea Maria Magdelena von Muhlberg y Aguilar, to submit an entry for the 2018 Pentamere Regional A&S Faire. I decided to do a ketubah on vellum using period pigments and gold leaf for my husband (to give to me).  All three of these elements (vellum, period pigments, and gold leaf) were new scribal skills for me. My goal was to collect enough information and knowledge to design and create an original late “13th-century” gate motif ketubah representing the “marriage” of my husband’s, Áindle, and my personae, rather than just duplicating an exemplar. The layout of the text varies slightly from actual practice because I want to be able to use it to teach and so used paragraphs to divide content.

Note 3: 1st Pennsic A&S War Point Team

I was proud and honored to be chosen as a member of the first Pennsic War Point Team. The Ketubah was entered as a Domestic Artifact (because I read the rubric) not as a Calligraphy and Illumination studio piece.

The Jewish Marriage Contract (Ketubah)

“Praise Her in the Gates”

Proverbs 31:31

What a Ketubah Is Not

A ketubah is absolutely not a bill of sale; the bride is not for sale. 

What is a Ketubah?

The ketubah is a marriage contract, but not in the terms we think of today in the U.S.  It is a unilateral agreement created in accordance with Jewish civil law, in which the witnesses testify that the husband guarantees his wife that he will meet, at a minimum stated human and financial conditions of marriage. It bears witnesses to his proposal and to her acceptance. The ketubah represents the witnesses, not the husband or wife. 

The ketubah restates the fundamental conditions that are imposed by the Torah (the five Books of Moses) upon a husband, such as providing his wife with food, clothing, and conjugal rights, which are inseparable from marriage. It includes the husband's guarantee to pay a certain sum in the event of divorce, and inheritance rights obligatory upon his heirs in case he dies before her.

It is a charter of a woman's rights within her marriage and of her husband's duties. The ketubah is designed for a woman's protection, and every legal nuance in this matter was developed so husbands do not think it easy to divorce. In a male-oriented society, the woman always needed more defense against the violation of personal rights than the man. The ketubah required money to be paid by the husband in case of divorce. This made it difficult for the husband to divorce his wife without appropriate reflection and consideration. The requirement of a scribe and a specially convened court and witnesses for a divorce also protected the wife from an arbitrary husband, especially when the Rabbis, following the lead of Hillel (110 BCE – 10 CE), were lenient with divorce. Moreover, the ketubah protected whatever property was to be hers at the termination of the marriage.

In short, by definition, a ketubah is a marriage contract, or in today’s language, a pre-nuptial agreement. Historically, it is one of the oldest documents pertaining to women’s rights.  Religiously, it outlines the expectations of marriage.  Practically, it outlines the expectations of divorce or death. 

A Brief History of the Ketubah

Jewish marriage contracts, ketubot (pl), have an incredible history which can be traced back to biblical writings and can be documented as far back as circa 440 B.C.E with an extant papyrus example found in the Elephantine islands of Egypt. As is often still done today, it was written in Aramaic, the language of legal and technical matters.  

Just as the Common Book of Prayer (1549) standardized a great deal of Christian prayer, the sages of the Middle Ages were instrumental in standardizing the ketubah. This process began during the 1st century B.C.E. under the leadership of Rabbi Simeon ben Shetach, who was the head of the Sanhedrin (Jewish legislative assembly) at that time. Remarkably, the ketubah text used today is strikingly similar to those codified two thousand years ago. Maimonides (Moses ben Maimon, ~1137-1204) did draft a version of the text on which ketubot have been based for centuries, differences, though slight, can be found.

Research into ancient ketubot has shown, for example, that some traditional communities avoided making any reference to the bride’s marital or sexual history, while others used terms such as penita (unmarried), thus avoiding the issue of virginity.(Gordis, Rabbi Daniel. (©2000-2017). The Ketubah: Evolutions in the Jewish Marriage Contract. My Jewish Learning. Retrieved from https://www.myjewishlearning.com/article/the-ketubah-evolutions-in-the-jewish-marriage-contract/)

Design and Style

Since the content and structure of the text is mostly predetermined, design and style are the next considerations.

One of the earliest known illuminated ketubot, from Krems, Austria (1391-2) has the distinction of also being a rare Ashkenazi ketubah. It is not that Ashkenazi Jews did not use ketubot, but rather that they did not, at this time, decorate them. The custom of decorating ketubot is predominantly Sephardic and did not gain popularity among the Ashkenazim until after the resettlement of Sephardic Jews after the Spanish Expulsion in 1492. The Krems ketubah shows an obviously Jewish man in the upper right corner, bearded and wearing the easily identified “Jewish hat” offering his bride, depicted on the upper left  corner, a rather large ring. 

There was, and is, no single artistic design or style of ketubah and the decorations on ketubot were, and are, as diverse as the couples they represent. There are however, themes that can be identified.  Flora and fauna were favored in many cultures and can also be found inhabiting other styles. Architectural motifs, with pillars, arches, or panoramic cityscapes are claimed by some to be “unparalleled by any other ornamental design in ketubot.”(Sabar, Shalom. (2000). Ketubah: The Art of the Jewish Marriage Contract. New York: Rizzoli.)

Some design elements were more common to specific geographic regions, but variations and similarities may be found throughout geography and era.  For example, pairs of fish - symbolic of fertility (Genesis 1:22 and 48:16) - can be found on several ketubot from India (Appendix B: Figs 20, 21). Ketubot from Gibraltar would contain a bouquet with a large central rose - referencing the rose from Shir ha-Shirim (Song of Songs), the ultimate biblical romantic poetry.  While ketubot from Persia were often decorated  with opposing lions and a central rising sun with a benevolent human countenance (Appendix B: Fig 19).  Italian ketubot were usually quite lavish (Appendix B: Figs 10, 13, 14)  and sometimes of a shape reminiscent of legal documents with the bottom edge of the document forming a triangle. Italy also produced many ketubot populated by illustrations of the Zodiac (Appendix B: Fig 14), a motif in use by Jews since antiquity, reflecting the constancy of love throughout the seasons.

Ashkenazi Ketubah from Krems, Austria (1391/2)

“Praise Her in the Gates” (Prov. 31:31) - The Gate Motif

The gate motif can be found on hundreds of marriage contracts and medieval illustrations and illuminations in an impressive array of variations, coming from Jewish communities of vastly different social strata.  The oldest examples of the gate motif on ketubot originate from medieval Egypt, but this design element can later be found in examples from regions as widespread, but not limited to, Afghanistan, Bulgaria (Appendix B: Fig 18), England (Appendix B: Fig 16), Greece (Appendix B: Fig 15), India (Appendix B: Figs 20, 21, 22), Iran (Appendix B: Fig 19), Italy (Appendix B: Figs 10, 12, 13, 14), Morocco, Netherlands (Appendix B: Fig 11), Romania (Appendix B: Fig 17), Spain (Appendix B: Fig 6), Turkey, and Yugoslavia.  

Architectural gates and archways are not unique to the ketubah. They appear repeatedly throughout a wide range of art history, though mainly in manuscript illustration (Appendix B: Figs 3, 4, 5, 7, 8, 9). They are a common design used for Cannon Tables (Appendix B: Fig 4) in Christian manuscripts and can be found as early as the 6th century.  

So . . . Why a Gate?

Anyone who studies any aspect of Judaism will know that imagery, spirituality, mysticism, and interwoven relationships and meanings are integral the culture; and the ketubot are no exception.

The imagery and symbolism of the gate motif and its use in ketubot may originate in part from the title pages in Hebrew prayer books and bibles. These pages, which were often decorated with gates because they were known as daf ha-sha’ar or literally, “the gate page,” were intended to illustrate figuratively that one can enter into heaven through prayer and access the word of G-d by passing through these gates.  Transferring this symbolism to the ketubah, it could be said to represent that the couple are blessed in their union and shall stand within the gates of heaven; enter the gates to the Messianic Temple; or more blatantly, pass through the gate to begin a new chapter of life. Architecturally, the gate could also be representative of building a house and a new family.  

Gates, to be strong and supportive, require a firm foundation. Pillars are support for fortifications. In this context they portend a strong and stable marriage, especially if built upon the foundations of life and marriage as set forth in the Torah. Banners twine around pillars, micrography creates outlines, and archways proclaim biblical verse, frequently from the book of Ruth, are found on many gate-motif ketubot from Italy, France, Spain and other European countries to the Ottoman Empire, the Middle East, and North Africa.  “All the people at the gate and the Elders answered, ‘We are [witnesses] . . .” (Ruth 4:11-12) Quotes from the book of Proverbs also provided inspiration to the new couple. Since it is a document that belonging to the wife and drafted by the husband, for her benefit the ketubah may contain a verse reminding her that “The wisest of women builds her house, but the foolish tears it down with her own hands.” (Proverbs 14:1) Since the husband signs the document and it is read as part of the marriage ceremony, it may also contain a verse reminding him to not take a good wife for granted, “Extol the works of her hand / and her works will praise her in the gates.” (Proverbs 31:31)

Persistency and Consistancy

Appendix B contains a random assortment of document examples across time and territory relevant to medieval manuscripts and in particular ketubot.  It is far from complete but is on its own rather diverse.  It is clear that the gate motif was a very popular style of manuscript decoration across culture, religion, time, and territory.  While there is this persistency through time and a consistency of concept it is also clear that a great deal of diversity in the layout, artistic quality, and use of additional embellishment (flora, fauna, micrography, geometric patterns, etc) also exists. Figures 3-22 in Appendix B span 659 years and cover England to Bulgaria and Romania and from the Netherlands to Greece all of which have produced manuscripts using the gate motif.

The most common form of the gate motif appears to be a single gate using side vertical pillars, usually with cornices and an arch spanning the distance between. (Appendix B: Figs 3, 5, 7, 11, 12, 13, 14) Two arches were also quite common with just as much diversity of time and place. (Appendix B: Figs 4, 17, 18)   The Moorish influence can be found at different times locations. (Appendix B: Figs 9, 10) The migration of styles and ideas across time and distance is not surprising when you consider the transitional history of Jews throughout history.  

The Creation of My Ketubah

Materials Used

After all the research and a great deal of discussion with my husband, we chose a gate motif for our ketubah. The design of the motif and embellishment of it for this ketubah is original rather than being an attempt at duplication.

The support material is a purchased vellum cut to 11" x 14" and worked on the hair side. The illumination was done with gesso made with slaked plaster, fish glue, honey and madder red pigment, covered with 24K patent gold leaf. The illustration is painted using dry pigments with glair as the binding agent. The pigments used were picked for their lack or lower level of toxicity and included: Red Madder. Yellow Ochre, Veridian, Ultramarine, Lamp Black, and Titanium White.  Veridian, while not a period pigment when tinted with white creates a hue close to malachite. Titanium White was created in the early 1900s and predominantly replaced Lead White which was not as vibrant but is highly toxic. 

The text of the ketubah is in Aramaic as was customary. It is written using the Hebrew letters as was also customary.  The calligraphy is a square Hebrew script as was commonly in use at the time.

Modern tools were used as the goal of this project was to create the ketubah and not to study or create period tools (maybe another project at another time). Other than the use of modern tools, the process and materials used to create this ketubah are very similar to those used in the Middle Ages.

Design Elements and Explanations

The gilded duck displayed at the top of the gate’s arch is one of the charges in my husband’s heraldry and the two gilded camel supporters are from my heraldry. The duck is at the top because the husband is the head of the family, and the camels are the supporters because the wife is the strength and foundation of the family.

The leaves in the upper corners were inspired by the work in the Worm’s Machzor (Vol 1, fol. 111) and are a tribute to the conquering of my earlier inability, fear of, and difficulty in drawing leaves. 

The colors in the arch of the gate, from bottom to top, represent water (blue), earth (green), the sky (blue), and the jewels and glory of heaven (white).

The large, gilded word within the arch of the gate, בראשוני (B’rishoni) means “on the first,” i.e., Monday.

The words bordering the sides and top of the ketubah are from the Old Testament, Proverbs 31:28-31: “Her children rise up, and call her blessed; her husband also, and he praises her. Many women have acquired wealth, but you surpass them all. Charm is false and beauty is futile; a God-fearing woman is to be praised. Give her of the fruit of her hands, and her deeds will praise her in the gates.”  The words in the ribbons on the right-hand column are from Proverbs 31:23: “Her husband is known in the gates, when he sits among the elders of the land.” The words wrapping the column on the left are also Proverbs 31, verse 26: “She opens her mouth with wisdom; and the instruction of kindness is on her tongue.”

Extant 13th Century Manuscripts in Support of Design Element Choices

Machzor, c. 1280: Gate Motif with arch and large initial word, animal supporters, and columns

https://digital.slub-dresden.de/werkansicht/dif/10947/236#

Worms Machzor - Column & arch gate motif, gilded word (leaf design used in upper corners)

Germany, Barvaria - 1272.  National Library of Israel 9Vol. 1, fol. 111

Wroclaw Machzor - Column & arch gate motif, large initial word, animals

Ezekiel’s Vision -, ca 1320. Library of University of Wroclaw, Bibl. Univ. Ms. Or. L/1, fol. 89v.  

https://talivirtualmidrash.org.il/?article=the-cherubim/the-divine-chariot


Worms Machzor - Column & arch gate motif, colors in arch, large initial word, animals 

Simhah ben Yehudah the Scribe, 1272

http://gizra.github.io/CDL/pages/016140EA-7FBC-4959-0C2E-4C0F883530AD/


Framing text

Damascus Keter, Burgos, Spain - 1260. Narkiss, Bezalel, Hebrew Illuminated Manuscripts, p.5.

Calligraphy

A 13th century scribe would most likely have used a quill, reed, or bone pen. It is also possible that a metal pen could have been used (Fig to Right). Their ink would probably be produced by someone else. It is also possible that he would make, or help make, his own ink and he would likely cut his own quill. Both of these are potential future projects but are not currently skills possessed by the calligrapher. 

The calligraphy is Aramaic done in an Ashkenazi square Hebrew script (see following examples) as would be familiar to the persona of the bride. It was written with a 1 mm Brause nib using oak gall ink (from the Scribal Goody Box by the generosity of TRM William and Isolde).

A Few Notes About Hebrew

The text of the ketubah is in Aramaic as was customary. It is written using the Hebrew letters, as was also customary. It should be noted that Hebrew does not have upper and lower-case letters; therefore, there are no capital letters. Several letters (כ ,מ ,נ ,פ ,צ) take alternate forms when occurring at the end of a word (ך ,ם ,ן ,ף ,ץ). The Hebrew alef-bet, like the English alphabet has both ascending (ל ,צ) and descending (ך ,ן ,ף ,ץ ,ק) letters.

Hebrew is a Semitic language belonging to the Canaanite group of languages that also includes Aramaic. It is written and read from right to left. The letters themselves are all consonants and vowels are added as diacritical marks (dots and dashes), mostly below the baseline.  According to Benner in A Short History of the Hebrew Language, it was at one time thought that Hebrew ceased to be a spoken language around the 4th century but continued research and archeological finds have proven otherwise.   

A Hebrew scribe, a sofer, was a very educated and pious man since most of his work was the creation of ritual and religious manuscripts. In a Jewish Virtual Library article Hebrew: Modern Hebrew Calligraphy the creation of ketubot by soferim (pl) using micrography, decorated and/or enlarged letters and writing in “geometrical, vegetal and furtive shapes is discussed.  

My Process

Step 5

Step 6

Step 7

Step 8

Step 9

Step 10

Introspections

There were several firsts involved in the creation of this ketubah: 

 These firsts all came together better than I expected; it was as if they were meant for each other, who knew?

 Problems with Pigments: I had some problems with lampblack for the black paint. I sought the advice of my mentor and that's why I added alcohol; it helped a bit, but I have to play with it further. I'm not sure if I didn't use enough or used too much glair? The applied black was still prone to smear after dry. Re-wetting most paint colors on subsequent days did not yield as vibrant or easily worked application. I would like to take one or more classes on using period pigments. These methods will definitely be used for creating future award scrolls.  

Research Reminiscing: I had done some research on the topic of the Ketubah previously. I was not diligent in my notes about sources and websites. Documentation of research will forevermore be done as it happens. Future projects will be planned out based on research and resources documented. No more trying to document after the fact.  There were no issues as research continued with concurrent documentation.

Guessing on the Gesso: It took four tries to get the gesso right and I feel there is still room for improvement. I encountered all the first use problems: too thick, too thin, not enough color, and bubbles (which did not go away as it dried). I re-applied another layer of gesso and that took care of the bubbling. I was very satisfied for a first effort. Much much more impressive than flat gilding. 

Regrets: As I displayed and spoke about the finished project; I developed some regrets. My greatest regret was the choice to not gild the large initial word. I may, someday, assuage that regret. The second regret developed after learning more about Hebrew calligraphy and the reed pen. I have been experimenting with carving my own reeds, but competence has not yet been achieved.

Ketubot Made For My Married Daughters