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#REDIRECT [[Jewish views of marriage#Child marriage]] {{R from merge}}

The '''[[marriageable age]], in [[Judaism]]''', is highly gender-specific. Although boys were regarded, by [[classical rabbinic literature]], as sexual beings once they had reached 9 years of age<ref name="JewEncMaj">{{Jewish Encyclopedia|article=Majority|url=http://www.jewishencyclopedia.com/view.jsp?letter=M&artid=91}}</ref>, girls were regarded as sexual beings from the age of just 3. According to the [[Talmud]], it was permissible for an adult male to have sexual intercourse with a 3 year old girl, if she was maritally single<ref>''[[Niddah (Talmud)|Niddah]]'' 44b</ref>; girls could be betrothed (Hebrew: ''[[erusin]]'') and married (Hebrew: ''[[nissuin|nissu'in]]'') at this age<ref name="JewEncMaj" />.

By contrast, the earliest point at which a male is permitted to become betrothed (''erusin'') is the [[age of majority]]<ref>''[[Kiddushin]]'', 50b</ref>; for a male, [[Age of majority in Judaism|the age of majority, in Judaism]], is usually 13 years of age plus one day, but could be as late as 35 years plus one day, in certain circumstances<ref name="JewEncMaj" />). Marriage itself (''nissu'in'') is distinct from betrothal (''erusin''), which is merely a binding promise to marry at a later point; according to the Talmud, betrothal should occur at least 30 days before the corresponding marriage<ref>''[[Ketubot]]'' 57b</ref>, and therefore the marriageable age would be the age of maturity plus 30 days, for males.

== Child marriage ==
{{main|Child marriage in Judaism}}

[[Child marriage in Judaism|Child marriage was possible in Judaism]], due to the very low marriageable age for females. By age, females were categorised into three groups:
*a ''ketannah'' (literally meaning ''little [one]'') was any girl between the age of 3 years and that of 12 years plus one day<ref name="JewEncMaj" />.
*a ''na'arah'' (roughly meaning ''damsel'') was any girl who was older than 12 years plus one day, by less than six months<ref name="JewEncMaj" />. In Judaism, 12 years is the usual age of majority for girls, although in certain circumstances the age of majority could be as high as 35 years plus one day<ref name="JewEncMaj" />. However, girls remained a ''na'arah'' until they had definitely passed the age of majority<ref name="JewEncMaj" />
*a ''bogeret'' (literally meaning ''overripe [one]'') was any girl who was older than 12 years plus one day, who was no longer a ''na'arah''<ref name="JewEncMaj" />. A ''bogeret'' was essentially an adult in all respects<ref>''Niddah'' 47a</ref>

A ''ketannah'' was completely subject to her father's authority, and her father could arrange a marriage for her, whether she agreed to it or not<ref name="JewEncMaj" />; similarly her father could accept a divorce document (''[[get (divorce document)|get]]'') on her behalf<ref>''Ketubot'', 64b</ref>. According to the Talmud, if the marriage did end (due to divorce or the husband's death), any further marriages were optional; the ''ketannah'' had the right to annul them<ref name="JewEncMiu">{{Jewish Encyclopedia|article=Mi'un|url=http://www.jewishencyclopedia.com/view.jsp?artid=669&letter=M}}</ref>. If the father was dead, or missing, the brothers of the ''ketannah'', collectively, had the right to arrange a marriage for her, as had her mother<ref name="JewEncMaj" />, although in these situations a ''ketannah'' would always have the right to annul her marriage, even if it was the first<ref name="JewEncMiu" />.

The choice of a ''ketannah'' to annul a marriage, known in Hebrew as ''mi'un'' (literally meaning ''refusal''/''denial''/''protest'')<ref name="JewEncMiu" />, lead to a true annulment, not a divorce; a divorce document (''[[get (divorce document)|get]]'') was not necessary<ref>Yebamot 107a</ref>, and a ''ketannah'' who did this was not regarded by legal regulations as a divorcee, in relation to the marriage<ref name="Yeb108a">''Yebamot'' 108a</ref>. Unlike divorce, ''mi'un'' was regarded with distaste by many rabbinic writers<ref name="JewEncMiu" />, even in the Talmud<ref>''Yebamot'' 109a</ref>; in earlier classical Judaism, one major faction - the [[House of Shammai]] - argued that such annulment rights only existed during the betrothal<!--NOT engagement--> period (''erusin''), and not once the actual marriage (''nissu'in'') had begun<ref>''Yebamot'' 107a</ref>.

In the Talmud, there is inconclusive debate about whether the ''na'arah'' should be treated like the ''ketannah'' in relation to marriage and its annulment, or whether she should have the freedom to marry as she wished, like the ''bogeret''<ref name="Kid43b">''Kiddushin'' 43b</ref><ref name="Kid44a">''Kiddushin'' 44a</ref>.

== In practice ==

Rather than being seen as merely a literary device to quickly describe the populating of the earth, the biblical instruction to ''go forth and multiply''<ref>{{bibleverse||Genesis|1:28|}}</ref> was interpreted by the [[classical era|classical]] [[rabbi]]s to mean that it was the duty of every male Jew to marry as soon as possible<ref>[[Maimonides]], ''Minyan haMitzvot'', 212</ref>; this duty was thought by them to end once the husband had fathered both a son and a daughter<ref>''Yebamot'' 61a</ref>, although they also argued that no man should live without a wife, even after he has several children<ref>''Yebamot'' 61a</ref> .

In mediaeval times, [[peer pressure|cultural pressure]] within Jewish communities lead to most girls being married while they were still children - before they had become a ''bogeret''<ref>''Kiddushin'' ([[tosafot]]) 41a</ref>. Boys too, were under cultural pressure; several [[Talmud]]ic rabbis urged that boys should be married as soon as they reach the age of majority<ref>''[[Sanhedrin (Talmud)|Sanhedrin]]'' 76b</ref>. Indeed, anyone unmarried after the age of twenty was said to have been cursed by God<ref>''Kiddushin'' 29b</ref>; [[beth din|rabbinical courts]] frequently tried to compel an individual to marry, if they had passed the age of twenty without marriage<ref>''Jewish Encyclopedia'', ''Marriage Laws''</ref>. Nevertheless, the classical rabbis viewed study of the [[Torah]] as a valid reason for remaining unmarried, although they were only rarely willing to regard life-long celibacy favourably<ref>''Yebamot'' 63b</ref>.

Despite the young threshold for marriage, marriages with a large age gap between the spouses (eg. between a young man and an old woman) were thoroughly opposed by the classical rabbis<ref>''[[Yebamot]]'' 44a</ref><ref>''Sanhedrin'' 76a</ref>. In the middle ages, many rabbis tried to abolish child marriage altogether; this, however, was due to their distaste for ''mi'un'', rather than due to any concern about [[paedophilia]]<ref name="JewEncMiu" />. Effectively, child marriage became nearly obsolete in Judaism <ref name="JewEncMiu" />; in modern times, it is an extremely rare event, as most areas with large Jewish communities have national laws against it.

== See also ==

*[[Marriageable age]]
*[[Age of consent]]
*[[Age of majority in Judaism]]
*[[Child marriage in Judaism]]

{{Jewish life}}

==References==
{{reflist|2}}

== Further Reading ==

*Grossman, Abraham ''Child Marriage in Jewish Society in the Middle Ages until the Thirteenth Century'' (1990), in ''Pe'amim: Studies in Oriental Jewry'' 45, p.108-125.
*Lamdan, Ruth. ''Child Marriage in Jewish Society in the Eastern Mediterranean during the Sixteenth Century'' (1996), in ''Mediterranean Historical Review''. 11(1) p. 37-59

[[Category:Jewish marital law]]
[[Category:Sexuality and age]]
[[Category:Judaism and women]]
[[Category:Religion and children]]

Revision as of 07:44, 4 December 2009

The marriageable age, in Judaism, is highly gender-specific. Although boys were regarded, by classical rabbinic literature, as sexual beings once they had reached 9 years of age[1], girls were regarded as sexual beings from the age of just 3. According to the Talmud, it was permissible for an adult male to have sexual intercourse with a 3 year old girl, if she was maritally single[2]; girls could be betrothed (Hebrew: erusin) and married (Hebrew: nissu'in) at this age[1].

By contrast, the earliest point at which a male is permitted to become betrothed (erusin) is the age of majority[3]; for a male, the age of majority, in Judaism, is usually 13 years of age plus one day, but could be as late as 35 years plus one day, in certain circumstances[1]). Marriage itself (nissu'in) is distinct from betrothal (erusin), which is merely a binding promise to marry at a later point; according to the Talmud, betrothal should occur at least 30 days before the corresponding marriage[4], and therefore the marriageable age would be the age of maturity plus 30 days, for males.

Child marriage

Main article: Child marriage in Judaism

Child marriage was possible in Judaism, due to the very low marriageable age for females. By age, females were categorised into three groups:

  • a ketannah (literally meaning little [one]) was any girl between the age of 3 years and that of 12 years plus one day[1].
  • a na'arah (roughly meaning damsel) was any girl who was older than 12 years plus one day, by less than six months[1]. In Judaism, 12 years is the usual age of majority for girls, although in certain circumstances the age of majority could be as high as 35 years plus one day[1]. However, girls remained a na'arah until they had definitely passed the age of majority[1]
  • a bogeret (literally meaning overripe [one]) was any girl who was older than 12 years plus one day, who was no longer a na'arah[1]. A bogeret was essentially an adult in all respects[5]

A ketannah was completely subject to her father's authority, and her father could arrange a marriage for her, whether she agreed to it or not[1]; similarly her father could accept a divorce document (get) on her behalf[6]. According to the Talmud, if the marriage did end (due to divorce or the husband's death), any further marriages were optional; the ketannah had the right to annul them[7]. If the father was dead, or missing, the brothers of the ketannah, collectively, had the right to arrange a marriage for her, as had her mother[1], although in these situations a ketannah would always have the right to annul her marriage, even if it was the first[7].

The choice of a ketannah to annul a marriage, known in Hebrew as mi'un (literally meaning refusal/denial/protest)[7], lead to a true annulment, not a divorce; a divorce document (get) was not necessary[8], and a ketannah who did this was not regarded by legal regulations as a divorcee, in relation to the marriage[9]. Unlike divorce, mi'un was regarded with distaste by many rabbinic writers[7], even in the Talmud[10]; in earlier classical Judaism, one major faction - the House of Shammai - argued that such annulment rights only existed during the betrothal period (erusin), and not once the actual marriage (nissu'in) had begun[11].

In the Talmud, there is inconclusive debate about whether the na'arah should be treated like the ketannah in relation to marriage and its annulment, or whether she should have the freedom to marry as she wished, like the bogeret[12][13].

In practice

Rather than being seen as merely a literary device to quickly describe the populating of the earth, the biblical instruction to go forth and multiply[14] was interpreted by the classical rabbis to mean that it was the duty of every male Jew to marry as soon as possible[15]; this duty was thought by them to end once the husband had fathered both a son and a daughter[16], although they also argued that no man should live without a wife, even after he has several children[17] .

In mediaeval times, cultural pressure within Jewish communities lead to most girls being married while they were still children - before they had become a bogeret[18]. Boys too, were under cultural pressure; several Talmudic rabbis urged that boys should be married as soon as they reach the age of majority[19]. Indeed, anyone unmarried after the age of twenty was said to have been cursed by God[20]; rabbinical courts frequently tried to compel an individual to marry, if they had passed the age of twenty without marriage[21]. Nevertheless, the classical rabbis viewed study of the Torah as a valid reason for remaining unmarried, although they were only rarely willing to regard life-long celibacy favourably[22].

Despite the young threshold for marriage, marriages with a large age gap between the spouses (eg. between a young man and an old woman) were thoroughly opposed by the classical rabbis[23][24]. In the middle ages, many rabbis tried to abolish child marriage altogether; this, however, was due to their distaste for mi'un, rather than due to any concern about paedophilia[7]. Effectively, child marriage became nearly obsolete in Judaism [7]; in modern times, it is an extremely rare event, as most areas with large Jewish communities have national laws against it.

See also

References

  1. ^ a b c d e f g h i j  This article incorporates text from a publication now in the public domain: Singer, Isidore; et al., eds. (1901–1906). "Majority". The Jewish Encyclopedia. New York: Funk & Wagnalls.
  2. ^ Niddah 44b
  3. ^ Kiddushin, 50b
  4. ^ Ketubot 57b
  5. ^ Niddah 47a
  6. ^ Ketubot, 64b
  7. ^ a b c d e f  This article incorporates text from a publication now in the public domain: Singer, Isidore; et al., eds. (1901–1906). "Mi'un". The Jewish Encyclopedia. New York: Funk & Wagnalls.
  8. ^ Yebamot 107a
  9. ^ Yebamot 108a
  10. ^ Yebamot 109a
  11. ^ Yebamot 107a
  12. ^ Kiddushin 43b
  13. ^ Kiddushin 44a
  14. ^ Genesis 1:28
  15. ^ Maimonides, Minyan haMitzvot, 212
  16. ^ Yebamot 61a
  17. ^ Yebamot 61a
  18. ^ Kiddushin (tosafot) 41a
  19. ^ Sanhedrin 76b
  20. ^ Kiddushin 29b
  21. ^ Jewish Encyclopedia, Marriage Laws
  22. ^ Yebamot 63b
  23. ^ Yebamot 44a
  24. ^ Sanhedrin 76a

Further Reading

  • Grossman, Abraham Child Marriage in Jewish Society in the Middle Ages until the Thirteenth Century (1990), in Pe'amim: Studies in Oriental Jewry 45, p.108-125.
  • Lamdan, Ruth. Child Marriage in Jewish Society in the Eastern Mediterranean during the Sixteenth Century (1996), in Mediterranean Historical Review. 11(1) p. 37-59
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