Distinction Between Betrothal and Marriage

We read in the Gospel that, when the Virgin-mother “was espoused to Joseph, before they came together, she was found with child of the Holy Ghost. Then Joseph her husband, being a just man, and not willing to make her a public example, was minded to put her away privily” (Matthew 1:18-19). The narrative implies a distinction between betrothal and marriage—being at the time betrothed, but not actually married to the Virgin-mother. Even in the Old Testament a distinction is made between betrothal and marriage. The former was marked by a bridal present (or Mohar, Genesis 34:12; Exodus 22:17; 1 Samuel 18:25), with which the father, however, would in certain circumstances dispense. From the moment of her betrothal a woman was treated as if she were actually married. The union could not be dissolved, except by regular divorce; breach of faithfulness was regarded as adultery; and the property of the women became virtually that of her betrothed, unless he had expressly renounced it (Kidd. ix. 1). But even in that case he was her natural heir.

It is impossible here to enter into the various legal details, as, for example, about property or money which might come to a woman after betrothal or marriage. The law adjudicated this to the husband, yet with many restrictions, and with infinite delicacy towards the woman, as if reluctant to put in force the rights of the stronger (Kidd. viii. 1, etc.). From the Mishnah (Bab. B. x. 4) we also learn that there were regular Shitre Erusin, or writings of betrothal, drawn up by the authorities (the costs being paid by the bridegroom). These stipulated the mutual obligations, the dowry, and all other points on which the parties had agreed.

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Author: Alfred Edersheim

Keywords: Marriage, Betrothal, Age of marriage, Marriage mandatory, Marriage expectation, Dowry, Divorce

Bible reference(s): Exodus 22:16, Leviticus 19:20, Deuteronomy 20:7, Deuteronomy 22:23, Deuteronomy 22:25, Deuteronomy 22:27, Deuteronomy 22:28, Deuteronomy 28:30, 2 Samuel 3:14, Hosea 2:19, Hosea 2:20, Matthew 1:18, Luke 1:27, Luke 2:5, 1 Corinthians 7:9, 1 Corinthians 7:28, 1 Corinthians 7:34, 1 Corinthians 7:36-38, 2 Corinthians 11:2, 1 Maccabees 3:56

Source: Sketches of Jewish Social Life, 1876.

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