Other Topics - Jewish Law - Marriage & 'Kiddushin'

Yes ! As a result of the dedication, the woman ‘belongs’ to her ‘man’ and is forbidden unto any other man, but she does not have the rights or obligations of a married woman.

Not usually ! The right to maintenance is derived from marriage but if the couple have been engaged for over twelve months and have still not got married, then the woman does have a right to maintenance from her fiancee.

Jewish law does not recognise dedication (‘kiddushin’) and marriage where one of the parties is a ‘complete imbecile’ or ‘idiot’ because these acts require a decision making process involving understanding and consent, which someone of that status is incapable of possessing. However, where one of the sides is sane, but weak, and is capable of understanding the dedication ceremony, it will be valid under Jewish law. Where a person’s mental state wavers between alertness and that of an imbecile or idiot, Jewish law requires a divorce ‘through doubt’ in case he/she did not have the necessary legal capacity to marry at the time of the ceremony, in which case it would not be valid.

Under Jewish law a deaf man is regarded as retarded and lacks the capacity for dedication (‘kiddushin’). However, distinguished scholars over the generations have held that a dedication or marriage ceremony involving a deaf man is valid, but not all the marital obligations of Jewish religious law (‘Din Torah’) should apply. For example, there is no marital contract (‘Ketuba’) and the man does not owe his wife maintenance. However if, despite this, a deaf man does marry and his wife does receive a Ketuba in which her deaf husband undertakes to assume the usual obligations of a husband under Jewish law, then these will be binding.