Genealogy, and Jewish betrothal certificates
Monday, November 1st, 2004 09:23 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
lethargic_manFor reasons which have nothing to do with the current BBC series "Who Do You Think You Are" (with interactive coverage by yours truly :o)), I've started typing up all my genealogical information, with the intention of burning it onto a CD-ROM for family members.
I mentioned to![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
livredor I had a copy of my great-grandparents' betrothal certificate, and she expressed interest, so, as I suspect it would also interest black_herring and possibly other people too, I'm posting about it here.
As some of you know (Bob), the Jewish wedding ceremony normally consists of two parts: ארוסין (erusin), betrothal, and קדושין (kiddushin), the wedding itself. Because betrothal in Jewish law is considered as binding as marriage itself, these two are normally performed immediately after each other.
However, for reasons unknown to me, my great-grandparents were betrothed almost two years before they were married.
Here is their betrothal certificate, in his and hers copies. (Who needs a scanner when you've got a digital camera? Well, okay, a scanner would have helped, but this is a good deal better than nothing.)
No, I couldn't read any of that either; I had to get someone to transcribe it for me, as follows:
My translation, which starts bad and gets worse (as I gave up trying to improve it) is as follows; help fixing it is:
Can anyone work out the word between Aaron's first name and his surname in his signature? (And why "אהרן" looks like "הארן"?) And what the second witness's name is. Also, I would be grateful for expansion of the abbreviations which I've left untranslated.
I mentioned to
livredor I had a copy of my great-grandparents' betrothal certificate, and she expressed interest, so, as I suspect it would also interest black_herring and possibly other people too, I'm posting about it here.As some of you know (Bob), the Jewish wedding ceremony normally consists of two parts: ארוסין (erusin), betrothal, and קדושין (kiddushin), the wedding itself. Because betrothal in Jewish law is considered as binding as marriage itself, these two are normally performed immediately after each other.
However, for reasons unknown to me, my great-grandparents were betrothed almost two years before they were married.
Here is their betrothal certificate, in his and hers copies. (Who needs a scanner when you've got a digital camera? Well, okay, a scanner would have helped, but this is a good deal better than nothing.)
No, I couldn't read any of that either; I had to get someone to transcribe it for me, as follows:
The wording is a standard betrothral document, written in Rabbinical Hebrew (i.e. with an admixture of Aramaic). The opening verse, my notes say, is the opening of תנסוים -- what is this?. (I think the person who transcribed this was using a standard text. I have noticed a few slight differences which I have corrected in the transcription; and there may be some more I have not noticed.)בעי״ה?] יעלה ויצמח כגן רטוב, מצא אשה מצא טובה ויפק רצון מה׳ הטוב, האומר לדבק טוב׃
המגיד מראשית אחרית, הוא יתן שם טוב ושארית, לאלה דברי התנאים והברית, שנדברו והותנו בין ה? תרי הצדדימ, היינו מצד האחד החתן מ״ר אהרן ב״ר בנימין הכהן העומד מצד עצמו ומצד השני הכלה הבתולה פייגה בלומה בת ר׳ שמואל חיים הכהן העומדת מצד עצמה ואמורה הן׃
ראשית הדבר, ה״ה החתן הבחור מ״ר אהרן ב״ר בנימין הכהן הנ״ל ישא בשעה טובה מוצלחת את הכלה הבתולה מרת פייגא בלומה בת ר׳ שמואל חיים הכהן בחופה וקדושין כדת משה וישראל ואל יבריחו ואל יעלימו לא זה מזו ולא זו מזו שום הברחת ממון שבעולם רק ישלטו בנכסיהון שוה בשוה כארוח כל ארעה׃
החתן הנ״ל התחיב את עצמו לתת מתנות להכלה כנהוג׃
החתונה תהיה ר״ח טבת שנת התרס״ד׃
וקנינא מהתתן והכלה על כל מה שכתוב ומפרוש לעיל מאנא דכשר למקניא ביה אור ליום ב׳ כ״ח ימים לחודש שבט התרס״ב ניוקאסטל אן טיין׃
והכל שריר וקים׃
נאום החתן אהרן [?אקן] קראנץ
נאום הכלה פייגה בלומה בלומה כרוז
נאום יחיאל מאיר סנדעלסאן רב דפה
<squiggle> נאום
My translation, which starts bad and gets worse (as I gave up trying to improve it) is as follows; help fixing it is:
[?With the help of G-d]Note that both bride and bridgegroom were representing themselves: none of their parents were in the country at the time. This may (at a guess) be why the wedding was delayed for so long after the betrothal.
May he arise and flourish like a wet garden, bring forth a woman, bring forth good; and may it result in good will from G-d, he who says to cleave to good.
Reading from the beginning onwards, he will give there good and descendants, to these words of the Mishnaic Rabbis and the Convenant, as it was said there were between the two parties. We were from the one party the bridegroom Mr Aaron ben-reb Binyamin ha-Cohen, representing himself. From the other party, the bride, the maid Fege Blooma bas-reb Shmuel Chaim ha-Cohen, representing herself; and she has said "[?yes]".
First of all, ה״ה the bridegroom the bachelor Mr Aaron ben-reb Binyamin ha-Cohen הנ״ל will marry in a good and correct hour the bride, the maid Miss Fege Blooma bas-reb Shmuel Chaim ha-Cohen in a chupah and with the consecration of the Law of Moses and Israel. They will not run away, nor will one hide from the other, or the other from the one, any property whatsoever. They shall have equal power over their property, according to the custom of all the land.
The bridegroom הנ״ל obligates himself according to the custom to give gifts to the bride.
The wedding will be on Rosh Chodesh Teves in the year 5664 [20 December 1903].
The means by which the contract is established, from the bridgegroom and bride, on all which is written and .... is a vessel which is kosher, to acquire in it on the evening of Monday, 28 Shevat, 5662 [5 February 1902], Newcastle-upon-Tyne.
All is valid and confirmed
Signed: The bridegroom Aharon [?אקן] Krantz
Signed: The bride Fege Blooma Kruss
Signed: Yechiel Meir Sandleson Rov דפה
Signed: <squiggle>
Can anyone work out the word between Aaron's first name and his surname in his signature? (And why "אהרן" looks like "הארן"?) And what the second witness's name is. Also, I would be grateful for expansion of the abbreviations which I've left untranslated.
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no subject
Date: 2004-11-01 11:43 pm (UTC)Various bits of translation (though not properly cos I'm up past my bedtime):
In the opening sentence, I think find is more plausible than bring forth. Otherwise it seems like wives grow on trees or something.
The opening of the next paragraph is a semi-poetic formula; it all rhymes up to והברית. I think: As it was told from the first days to the last, He will give a good name to [assuming the vav is a mistranscription for a lamed!] the remnant [of His people], to these words of the Mishnaic teachers and of the Covenant... and then it goes into legalistic prose.
in a chupah and with consecration isn't quite right; בחופה וקדושין is the beginning of a standard legal formula signifying that all the conditions for a valid Jewish marriage are going to be fulfilled. So I would give will marry... by Chupah and Kiddushin according to the law of Moses and Israel. The fact that the ceremony takes place in a Chupah is not the point; the normal phrase would be under a Chupah if you want to talk about where physically it's going on. The fact is that Chupah (which I think may be a legal euphemism for yichud - consummation) is part of what effects the marriage. So the ב here refers to an agent, not a location. If you want to translate it into English rather than rather uselessly translating Hebrew into Hebrew, how about: with both the physical and ceremonial aspects of marriage in order according to the law etc?
May I point my Dad to this? I don't know if you know, but he's the registrar for Beth Shalom and knows quite a lot about the format of a Ketubah and all that sort of thing. So he may be able to help, and he'd most definitely be interested! And definitely we should consult
no subject
Date: 2004-11-02 10:42 am (UTC)By all means, go ahead.
no subject
Date: 2004-11-02 07:30 am (UTC)בעי״ה - יעלה ויצמח כגן רטוב, מצא אשה מצא טובה ויפרץ רצון מה׳ הטוב, האומר לדבק טוב׃
המגיד מראשית אחרית הוא יתן שם טוב ושארית לאלה דברי התנאים והברית שנדברו בין ה[ורי?] תרי הצדדים, דהיינו[שהם?] מצד האחד החתן הבחור מ״ר אהרן ב״ר בנימין הכהן העומד מצד עצמו ומצד השני הכלה הבתולה פייגה בלומה בת ר׳ שמואל חיים הכהן העומדת מצד עצמה ואמורה הן׃
ראשית הדבר, ה״ה החתן הבחור מ״ר אהרן ב״ר בנימין הכהן הנ״ל ישא במזל טוב ובשעה מוצלחת את הכלה הבתולה מרת פייגא בלומה בת ר׳ שמואל חיים הכהן בחופה וקדושין כדת משה וישראל ואל יבריחו ואל יעלימו לא זה מזו ולא זו מזה שום הברחת ממון שבעולם רק ישלטו בנכסיהון שוה בשוה וידורו באהבה וחיבה כאורח כל [?].
ה"ה החתן הנ״ל התחיב את עצמו ליתן מתנות להכלה כנהוג ואין החתונה בשעה מוצלחת ובמזל טוב ובעי"ה ר״ח טבת שנת התרס״ד הבע"ל [?] [?] [?] שיתרצו הצדדים.
וקנינא מהתתן והכלה על כל מה שכתוב ומפרוש לעיל מאנא דכשר למקניא ביה אור ליום ב׳ כ״ח ימים לחודש שבט התרס״ב ניוקאסטל אן טיין׃
והכל שריר וקים׃
נאום החתן אהרן [?אקן] קראנטץ
נאום הכלה פייגה בלומה פרוז
נאום יחיאל מאיר סנדעלסאן הרב [בפל?]
נאום [???]
no subject
Date: 2004-11-02 10:45 am (UTC)How difficult was it for you to make out that style of script, btw?
no subject
Date: 2004-11-02 11:32 am (UTC)After studying the script a few times I could make the words a bit more easily, mostly because it has a resemblance to the way my grandma used to write. But I still have trouble with the words on the edges - which is because the copy was taken with a digicam instead of scanned (not to mention that more than once I wished I could zoom in because I couldn't make out the text).
no subject
Date: 2004-11-02 04:45 pm (UTC)This doesn't look like a kiddushin document to me, sorry to say. It's certainly a contract to get married, but that doesn't make it the formal kiddushin; if nothing else, the presence of the phrase בחופה וקדושין (which are to happen in the future) tells us this. Huppah often means the act of nissuin (livredor is partially right that it means yichud, there is considerable confusion as to whether yichud is an essential part of the proceedings), so the phrase might be translated (excessively formally) "with both halachic procedures of eirusin and nissuin". Further, if it were attesting to formal kiddushin, there would be a mention of the act; something along the lines of "We the undersigned on this day in this place saw the act of kiddushin happen between X and Y."
As some of you know (Bob), the Jewish wedding ceremony normally consists of two parts: ארוסין (erusin), betrothal, and קדושין (kiddushin), the wedding itself. Because betrothal in Jewish law is considered as binding as marriage itself, these two are normally performed immediately after each other.
No. Sorry. Erusin and kiddushin are one and the same thing. The two parts are erusin/kiddushin, and nissuin. So I think what you have here is a document wherein the two parties promise to have a wedding at some time in the future, without any part of the marriage happening at the time of this document.
Why one would want to do this is a jolly interesting question, though.
no subject
Date: 2004-11-02 05:12 pm (UTC)Aaargh. *autothwack*
Why one would want to do this is a jolly interesting question, though.
I believe there's a rabbi you know you could ask about this... :o) My notes tell me it's a standard document format.
Thanks for your help, though. (And do you know what תנסוים is?)
no subject
Date: 2004-11-02 05:40 pm (UTC)This suspish is supported by looking at a copy of the standard text for tenaim, eg this one from Torah.org, which is essentially the same as your document.
no subject
Date: 2004-11-02 06:00 pm (UTC)I've never heard of תנאים before; I had to Google to find out what it is (http://www.somethingjewish.co.uk/articles/81_jewish_wedding_guide.htm):I've seen that done at voorts I've been at, but there wasn't (weren't?) any תנאים read there...I.e. the force of קדושין without actually being קדושין?
no subject
Date: 2004-11-02 06:12 pm (UTC)That's fascinating. Not quite, the problem is that it is close enough to kiddushin that it could actually be the real thing.
This is how: kiddushin can be effected by the transfer of any object between the bride and groom accompanied by a declaration that the bride be m'kudeshet to the groom. Generally, this declaration is in the present tense and occurs at the same time as the object transfer. However, one can transfer an object and say "You will be m'kudeshet to me in X days from now" and in due course, that kiddushin will take effect. The tenaim say "You will be m'kudeshet to me (and married, and all the rest) on our fixed wedding day," which is fairly close.
In the intervening time, the bride may technically marry someone else (she would be in breach of the tenaim contract, but the marriage would be valid), but if she doesn't, after X days, she is m'kudeshet - that is to say, sufficiently married to require a divorce. If, at the time of tenaim, some present were given (as is, I think, usually the case), certainly one could say that this was a potential kiddushin situation. Perhaps even the promise to give presents would be enough, I am not sure.
Then if the wedding were called off and the arranged date came round, she would technically be married automatically, even though there had been no wedding, and would require a get. But many people would not know that, and would not seek a get, and that would be a terrific problem because all her children would be mamzerim.
no subject
Date: 2004-11-02 05:51 pm (UTC)Seriously. I'm not talking about why you might split kiddushin and nissuin. Once you've done kiddushin, there are certain legal ramifications, for which if you don't fulfil, you can be penalised by the court. I mean what does one gain by promising to marry someone at a later date and to give them presents of unspecified value? If you didn't follow through with it, could you be sued?
And if you couldn't, what's the point of having a witnessed document? We hardly ever make witnessed documents except if they would be useful for making claims in court. The only claim I can see anyone making with this is to force someone to marry, and I know we used to do that (eg rapists), but I didn't think we did it any more.
another translation phrase
Date: 2004-11-02 06:23 pm (UTC)קנינא means acquired by the process of קנין - formal acquisition. There are various means of effecting this, the simplest being when you pick something up and carry it off. For something big, like a house, you do a symbolic acquisition with a small object; the buyer gives the seller a handkerchief, or a pen, or something, and in so doing acquires his new house, or whatever it might be. It cannot be done with certain items, most notably money. Paying for something does not transfer ownership.
Sometimes when people take on obligations, the witnesses do an act of kinyan as a sort of signalling-point "from this moment your obligations kick in." The same process is undergone at a wedding ceremony when the groom takes on the obligations outlined in the ketubah. This sentence means "We did kinyan from the groom and bride on everything which is written and explained (מפרוש) above, by means of an object with which it is appropriate to do such kinyan." Specifying that your object was kosher tells people that you didn't do it with a coin, invalidating the whole business.
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