Responsum: On Postponing a Wedding

Joseph Katzabi

Second Half of the 17th Century

Question 4: Reuben, a young Torah scholar from the city of Tiberias, contracted a marital arrangement with Rachel, the daughter of his uncle Jacob, from the city of Sepphoris. This is the text of the document of the arrangement, word for word:

In our presence, the undersigned witnesses, the blessed marital arrangements were completed between the fine and worthy scholar, his honor, the rabbi, Reuben, son of the excellent scholar, his honor, our teacher, R. Simeon, with the pleasant young girl, the graceful doe, Rachel, daughter of the excellent scholar, his honor, our teacher, R. Jacob.

The aforementioned suitor swore a stringent oath, through a handshake, with the consent of the female suitor and her father, may the Merciful One guard and redeem him, that he will not betroth any other woman apart from her, and that he will enter the marriage canopy with her, in accordance with the law of Moses and Israel. All this was in accordance with the terms between them, as the father of the female suitor obligated himself to give to the suitor a dowry with his daughter, of the measured sum of five hundred para in real currency. Likewise, the bedsheets, as well as the expenses of the wedding canopy, are to be paid by her father from his own pocket, in accordance with the status of the girl’s father.

The suitor, for his part, obligated himself for one hundred grush, from this point forward, as a full debt to the girl’s father, who will waive the suitor’s obligation when the marital arrangement is fulfilled and he enters the marriage canopy with his daughter in accordance with the law of Moses and Israel. All this was done in accordance with the enactment of the rabbis, by means of a proper and binding acquisition from this moment, which we received from the suitor to the effect that he will fulfill the terms as presented. He also took the appropriate oath to uphold the above, which included the nullification of any other declaration regarding this matter etc. and the disqualification of the witnesses to such a declaration (according to the Rashba, they are not disqualified). This was performed in an eminent court. We wish to clarify that the measured sum was four hundred para in accordance with the status of the girl’s father, as stated above. He also undertook to provide the suitor with sustenance for five years after the marriage. Dated the first of Ḥeshvan, 5425 [20 October, 1664].

Several days later, in the wake of a plague that hit the city of Tiberias, Reuben arrived with his parents to his father-in-law’s house, where they were received with great honor and joy. Upon hearing that God had delivered His people and that the plague had passed, the rabbi, Reuben’s father, wanted to return home and he wished to take Reuben with him. However, Jacob held him back, saying that he preferred to hasten the blessed match and that he was concerned that if Reuben were to go he might be delayed for a good while.

The rabbi spoke to a close acquaintance of Jacob’s and asked him to have a word with Jacob and inform him that he wants to take his son with him so that he can teach him Torah, wisdom, and let him know the ways of discernment [see Isaiah 40:14]. As for his worry that he might delay his return, Reuben will utter a powerful, stringent oath that he will not stay away for longer than such-and-such a date, and that he unequivocally accepts upon himself to return happily after that period and enter the marriage canopy, with God’s will.

The mediator spoke with Jacob, and as befitting his great humility and holiness the latter stated that he did not want the suitor to swear an oath. Rather, he should bind his soul with a bond [see Numbers 30:3], a promise that he will come to his house on the appointed day. Reuben did not defer to do this thing [see Genesis 34:19], and it was duly written and signed in the presence of two valid witnesses that he would postpone his return no later than the predetermined date. Thus, he departed in peace to Tiberias.

Yet when Reuben arrived there the plague had returned, and he therefore went back to Sepphoris, where he stayed, together on warm, affectionate terms, with Jacob acting like a father to him, while Reuben was like his firstborn [see Psalms 89:28], as he was very dear to him. Accordingly, the rabbi intended to establish his permanent residency in Sepphoris.

However, over time more than one quarrel broke out between the women, and from Tiberias they sent a message to the rabbi asking him to return home, and he indeed agreed to go back to Tiberias with his son. At this stage, Jacob sent a messenger to his son-in-law Reuben, informing him that he was concerned that he might stay away too long and he wanted to be able to rejoice in his daughter’s happiness, as it was time for her to be married. Furthermore, he had observed all the arguments between the women, and he was worried that Reuben’s mother might upset the relatives of the bride and keep him away for longer. He added that for this reason he now wants to be stringent with Reuben and have him utter a binding promise that will include his acceptance of the naziriteship of Samson with all its conditions, as two unusual matters are remembered [see b. Ḥullin 75b].

Reuben responded in kind, that he would do whatever Jacob requested, and accordingly he came before two Torah scholars and accepted upon himself the binding promise and the naziriteship. This is the text of the document that was drafted:

Whereas the esteemed scholar, his honor the rabbi, Reuben, has entered into a marital arrangement with the daughter of the excellent scholar, the pious and humble, his honor, our teacher, R. Jacob, and now he is leaving for Tiberias. In our presence, the undersigned witnesses, Reuben obligated himself fully and through effective means, that when his father-in-law, or his uncle, R. Joseph, will write to him asking him to return here to wed his intended, he will set out and leave the city of Tiberias and the surrounding area and come here to Sepphoris, where he will marry his intended, the daughter of that excellent scholar. He himself uttered the following statement in our presence: When they will write to me a letter, either my father-in-law or my uncle, R. Joseph, I will come here. If I delay my return for thirty days after the arrival of the letter, even if I am held back by my father or my mother, all the produce in the world should be forbidden to me like a sacrifice, except for bread and water, for all my days. Furthermore, I will be a nazirite like Samson, son of Manoah, the husband of Delilah, with all of its conditions and laws. This is undertaken on the basis of the consent of the Holy One, the consent of those who vow truthfully, the consent of the public, and the consent and discretion of my father-in-law, unless it is due to circumstances that are clearly beyond my control, as attested by two valid witnesses. Even in such a case, as soon as those circumstances have passed, I will immediately set out and come to Tiberias and marry, etc. In addition, if there is any doubt whatsoever regarding these terms, may I be judged harshly, and I accept upon myself the reasoning of the most severe legal authority like that of one hundred judges. Upon this matter of truth, we have signed our names today, the 24th of the month of Ḥeshvan, 5429 [29 October, 1668], here in Sepphoris, and the matter is hereby upheld.

About three months after he had left for Tiberias, Reuben sent a letter to his father-in-law’s relatives, asking them to speak to his father-in-law on his behalf to inform him that he does not want this daughter of Jacob [see Genesis 34:19], as she has a blemish, for she has bowed legs, and that when he came to Sepphoris and saw this blemish he fainted in his distress.

Jacob responded that this is not a blemish, it is just a minor thing, as it is barely noticeable, since she walks just like all healthy, fine women. Furthermore, he had already informed them before the arrangement the absolute truth about this matter, and he has valid witnesses who will attest that he had told them. In addition, the matchmaker was Reuben’s own brother, and the blemish was present before the arrangement and he saw the girl himself. And since the girl’s father told Reuben’s brother to inform them about this matter, and he did so, Reuben had clearly accepted it and agreed. Moreover, he opens his mouth with vanity [see Job 35:16] in his claim that he fainted when he saw her, as in fact he stood there for a considerable period of time in love, brotherhood, peace, and friendship. If he is correct that he retracted at that time, why did he bind himself a strong bond, not once but twice? Instead, he should have revealed the truth.

Reuben did not answer anything about the first bond, but regarding the second bond he replied that he acted due to circumstances that were beyond his control, as his father-in-law Jacob, and his uncle Joseph both said to him: “Since you are going to Tiberias, give us the measured coins that we gave you,” and at that time he did not have the coins in his possession. He was afraid that they would prevent him from leaving, as they were powerful men and had the means to do so, either through Jews or the gentile authorities. He had also observed that there was a pestilence in the city, and he felt that he would endanger himself by staying there. In light of these circumstances, he agreed to all their requests; they were not of his own mind (Numbers 16:28).

Jacob retorted that this account is entirely inaccurate. He never asked anything from him; rather, Reuben acted completely out of his own free-will. If Reuben is correct, why didn’t he put out a notice to that effect? After all, Tiberias is a very large city. As for Reuben’s claim that he was frightened because his father-in-law and brother are powerful people, it is well-known throughout the land, to all those who see the sun [see Ecclesiastes 7:11] that they are actually agreeable and forbearing [see b. Eruvin 18b], the meek of the earth (Isaiah 11:4). All the more so are they law-abiding, and therefore, if he would have brought his case before the judge that is present in these days [see Deuteronomy 17:9], they would not have prevented him from carrying out his duties, God forbid. They would never do such a thing, not to one like him nor to a lesser man.

Reuben further claimed that as soon as his mother heard that he had accepted upon himself the naziriteship of Samson, she had fallen seriously ill, and he does not want to upset his mother.

Now the question raised here is whether, based on this version of events, Reuben can exempt himself from the oath that he took to God at the time of the marital arrangement, in light of the fact that he already knew about the blemish and had accepted it. The same question applies to the powerful bond that he swore and the severe naziriteship of Samson, whether he can exempt himself through a claim that he invented—as there are no witnesses—that his oath should be seen as mere words of appeasement [see b. Bava Meẓi‘a 66a], as he was bitter, and such an act should not be done in Israel [see Genesis 34:7]. Another factor is that he already accepted upon himself the reasoning of the most severe legal authority.

He is praying, as this matter cannot wait, that he will receive a triumphant response, and that his claim should be judged right before all men [see Genesis 20:16], and their reward will be doubled over and again, from God in heaven.

Translated by
Avi
Steinhart
.

Credits

Joseph Katzabi, “Responsum: On Postponing a Wedding” (responsum, Constantinople, second half of the 17th century). Published as: Joseph (ben Nissim) Katsabi, Zeh sefer mish’alot u-teshuvot, ed. Jacob Alfandari and Ḥayyim ben Isaac Raphael Alfandari (Constantinople: Bi-defus Yonah ben Yaʻakov, 1736), pp. 7b–8a.

Published in: The Posen Library of Jewish Culture and Civilization, vol. 5.

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