About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

3 J. Fam. L. 177 (1963)
Marriage and Divorce in Jewish Law

handle is hein.journals/branlaj3 and id is 181 raw text is: Marriage and Divorce in Jewish Law ISRAEL T. NAAMANIt Therefore shall a man leave his father and his mother and cleave unto his wife, and they shall be as one flesh. (Genesis 2:24) Marriage has two primary purposes: procreation and companionship. The first injunction in the Bible to man and woman is: Be fruitful and multiply. ' Nevertheless, it should be noted that Eve, according to the Old Testament, was cre- ated for Adam before the propagation of the species was or- dained, while the two were in the Garden of Eden. Indeed the stated motive for a companion to Adam was: It is not good that the man should be alone; I will make him a helpmeet for him. 2 Talmudic law thus indicates that a man is obliged to have a minimum of children in order to fulfill the precept of pro- creation. The minimum is two, one male and one female.3 But sexual gratification per se also is a legitimate aim of marriage. Woman is looked upon not merely as a child-bearer, but as an equal sex partner. Jewish precepts, far from enjoining absten- tion, order both husband and wife to respect each other's con- jugal rights.4 Therefore, also the weak, old and sterile persons are advised to marry, even when there is no possibility of chil- dren.6 Marriage in Judaism is neither sacrament nor civil con- tract (per se). It is not viewed as an outward sign of inward and divine grace (based in Christianity on the mystery idea in Ephesians 5 :32), yet it is respected as a sacred institution. Judaism frowns on celibate life. Unlike various other faiths in the Occident and in the Orient which at times regard marriage as a concession to mortal weakness,6 the Hebrew religion sees tDr. Israel T. Naamani is associate professor of political science at the Uni- versity of Louisville and executive director of the Louisville Bureau of Jewish Education. Currently he is president of the National Association of Professors of Hebrew and Near East Studies. 1. Genesis 1:27. 2. Ibid., 2:18. 3. Yevamot 61b. 4. Hilkhot Ishut 14. 5. Even Haezer 23-5. 6. For instance, I Corinthians 7:25-40.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most