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'''] in ]''' is restricted to female children; the earliest point at which a male is permitted to become betrothed (Hebrew: '']'') is, ]<ref>'']'', 50b</ref>. Although boys were regarded, by ], 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>'']'' 44b</ref>; girls could be betrothed and married (Hebrew: '']'') at this age<ref name="JewEncMaj" />.
#REDIRECT ] {{R from merge}}

By age, females were categorised into three groups:
*a ''ketannah'' (literally meaning ''little '') 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 '') 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 ('']'') on her behalf<ref>''Ketubot'', 64b</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" />. In the Talmud, there is inconclusive debate about whether the ''na'arah'' should be treated like the ''ketannah'' in relation to marriage, 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>.

==Annulment==

For a ''ketannah'', the first marriage imposed on her by her father was completely compulsory for her; the standard adult divorce process was necessary to terminate it<ref name="JewEncMiu">{{Jewish Encyclopedia|article=Mi'un|url=http://www.jewishencyclopedia.com/view.jsp?artid=669&letter=M}}</ref>. However, 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" />. In the Talmud's view, for marriages imposed on a ''ketannah'' by someone other than her father (due to the father's absence), the ''ketannah'' always had the right to annul them, even 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 ('']'') 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 ] - 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>.

The ''mi'un'' did not need to be explicitly declared for the annulment to take effect. If a ''ketannah'' merely demonstrated that she disapproved of the marriage, this would constitute annulment<ref name="Yeb108a" />; for example, she could betroth (''erusin'') herself to another man, which for a ''ketannah'' would automatically annul her previous marriage<ref name="Yeb108a" /> (except where the previous marriage was the first marriage imposed on her by her father<ref name="JewEncMiu" />). However, if the marriage had begun when the girl was at least 6 years old, and she had expressed her consent to it, she was expected to perform any annulment via a formal declaration, unless she had been less than 10 years old when the marriage began, and had not appeared to fully appreciate what was going on<ref>''Yebamot'' 107b</ref><ref>''Gittin'' 65a</ref>.

For a formal declaration of ''mi'un'', the usual procedure was for the ''ketannah'' to say ''I do not wish to live with my husband'', in the presence of two witnesses; her annulment would take effect immediately after this was said<ref name="Yeb108a" />. In classical times, it was customary to also write a ''get mi'un'', a document in which the ''ketannah'' declares ''I do not like him; he does not please me; I do not wish to remain with him as his wife''; the document was merely a record, and was not necessary for the annulment to take place<ref name="JewEncMiu" />. In the middle ages, the use of such a document had dropped out of favour, instead the witnesses would create a documentary record containing the following formula:
:''On '''', the '''' day of the month '''', in the year '''' according to the '''' era, '''', daughter of '''', protested before us and said, "My mother '''' deceived me and gave me in marriage '''' to '''', son of '''', and now I declare before you that I do not desire him, and that I will not stay with him". We have examined this '''' and are satisfied that the girl is yet a minor, and have written and signed and given to her as a document and a clear proof. '''', witness. '''', witness''<ref>], '']'', ''Gerushin'' 11:3</ref>.

As mentioned above, there is an inconclusive dispute in the Talmud about whether a ''na'arah'' had the same restrictions or annulment rights as a ''ketannah''<ref name="Kid43b" /><ref name="Kid44a" />.

== Suppression ==

In mediaeval times, ] within Jewish communities lead to most girls being married while they were still children - before they had become a ''bogeret''<ref>''Kiddushin'' (]) 41a</ref>. However, in the later middle ages, many rabbis tried to abolish child marriage altogether; this, though, was due to their distaste for ''mi'un'', rather than due to any concern about ]<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 child marriage.

== See also ==

*]
*]
*]
*]
*]<!--incase someone is reading this page for a reason-->

==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

]
]
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Revision as of 02:33, 25 February 2010

Child Marriage in Judaism is restricted to female children; the earliest point at which a male is permitted to become betrothed (Hebrew: erusin) is, in Judaism, the age of majority. Although boys were regarded, by classical rabbinic literature, as sexual beings once they had reached 9 years of age, 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; girls could be betrothed and married (Hebrew: nissu'in) at this age.

By age, females were categorised into three groups:

  • a ketannah (literally meaning little ) was any girl between the age of 3 years and that of 12 years plus one day.
  • a na'arah (roughly meaning damsel) was any girl who was older than 12 years plus one day, by less than six months. 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. However, girls remained a na'arah until they had definitely passed the age of majority
  • a bogeret (literally meaning overripe ) was any girl who was older than 12 years plus one day, who was no longer a na'arah. A bogeret was essentially an adult in all respects

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; similarly her father could accept a divorce document (get) on her behalf. 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. In the Talmud, there is inconclusive debate about whether the na'arah should be treated like the ketannah in relation to marriage, or whether she should have the freedom to marry as she wished, like the bogeret.

Annulment

For a ketannah, the first marriage imposed on her by her father was completely compulsory for her; the standard adult divorce process was necessary to terminate it. However, 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. In the Talmud's view, for marriages imposed on a ketannah by someone other than her father (due to the father's absence), the ketannah always had the right to annul them, even the first.

The choice of a ketannah to annul a marriage, known in Hebrew as mi'un (literally meaning refusal/denial/protest), lead to a true annulment, not a divorce; a divorce document (get) was not necessary, and a ketannah who did this was not regarded by legal regulations as a divorcee, in relation to the marriage. Unlike divorce, mi'un was regarded with distaste by many rabbinic writers, even in the Talmud; 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.

The mi'un did not need to be explicitly declared for the annulment to take effect. If a ketannah merely demonstrated that she disapproved of the marriage, this would constitute annulment; for example, she could betroth (erusin) herself to another man, which for a ketannah would automatically annul her previous marriage (except where the previous marriage was the first marriage imposed on her by her father). However, if the marriage had begun when the girl was at least 6 years old, and she had expressed her consent to it, she was expected to perform any annulment via a formal declaration, unless she had been less than 10 years old when the marriage began, and had not appeared to fully appreciate what was going on.

For a formal declaration of mi'un, the usual procedure was for the ketannah to say I do not wish to live with my husband, in the presence of two witnesses; her annulment would take effect immediately after this was said. In classical times, it was customary to also write a get mi'un, a document in which the ketannah declares I do not like him; he does not please me; I do not wish to remain with him as his wife; the document was merely a record, and was not necessary for the annulment to take place. In the middle ages, the use of such a document had dropped out of favour, instead the witnesses would create a documentary record containing the following formula:

On , the day of the month , in the year according to the era, , daughter of , protested before us and said, "My mother deceived me and gave me in marriage to , son of , and now I declare before you that I do not desire him, and that I will not stay with him". We have examined this and are satisfied that the girl is yet a minor, and have written and signed and given to her as a document and a clear proof. , witness. , witness.

As mentioned above, there is an inconclusive dispute in the Talmud about whether a na'arah had the same restrictions or annulment rights as a ketannah.

Suppression

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. However, in the later middle ages, many rabbis tried to abolish child marriage altogether; this, though, was due to their distaste for mi'un, rather than due to any concern about paedophilia. Effectively, child marriage became nearly obsolete in Judaism; in modern times, it is an extremely rare event, as most areas with large Jewish communities have national laws against child marriage.

See also

References

  1. Kiddushin, 50b
  2. ^  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.
  3. Niddah 44b
  4. Niddah 47a
  5. Ketubot, 64b
  6. ^ Kiddushin 43b
  7. ^ Kiddushin 44a
  8. ^  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.
  9. Yebamot 107a
  10. ^ Yebamot 108a
  11. Yebamot 109a
  12. Yebamot 107a
  13. Yebamot 107b
  14. Gittin 65a
  15. Maimonides, Mishneh Torah, Gerushin 11:3
  16. Kiddushin (tosafot) 41a

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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