Just Who Is Lieberman and What Is His Clause? The Conservative Ketubah Text Explained

If you're having a Jewish wedding and your officiating rabbi is affiliated with the Conservative Movement, he or she will most likely require that your ketubah have something called the Lieberman Clause. You'll probably find some ketubah artists and stores offer what they call the "Conservative" text, and some offer "Conservative with Lieberman" (or "Conservative w/Lieb.") What does it all mean, you wonder?

A Little Historical Background

The ketubah, or Jewish marriage contract, was developed about 2,500 years ago as an attempt to protect women from being left without resources if their husband should die or divorce them. The traditional wording, written in Aramaic (the colloquial and legal form of Hebrew back in those days), is nothing more than a prenuptial agreement, specifying the (mostly financial) obligations of the groom toward his bride.

Largely codified in the Middle Ages, this same Aramaic wording is still in use by the Orthodox Jewish community to this day. If a couple is having a wedding officiated by an Orthodox rabbi, he will absolutely require this traditional Aramaic text in order for the wedding to be valid.

Side Note: The Problem of the Agunah, or Chained Woman

According to Jewish law, in order for a divorce to be effective, a man must grant his wife a get (a Jewish bill of divorce) of his own free will. Without a get (or a heter aguna -- permission by a halachic authority based on a decision that her husband is presumed dead), a woman is not permitted to remarry, and any children she might bear with another man would be considered illegitimate. Even if she obtains a civil divorce, without a get she is "chained" to her old marriage, hence the term agunah, or "chained woman."

This situation has led to serious consequences for women whose husbands refuse to grant their wives a get. While a man may be shunned, imprisoned, or in other ways pressured into giving his wife a get, ultimately if he decides to be stubborn about it, the woman is stuck.

The Conservative Movement's Solution

In the 1950s the Conservative movement's Rabbinical Assembly attempted to resolve the problem of the agunah by adding a clause to the traditional ketubah text, stipulating that divorce will be adjudicated by a modern Bet Din (rabbinic court). This clause is called "the Lieberman clause," named after the Talmudic scholar who developed it.

Orthodox Judaism has rejected the Lieberman clause as a violation of Jewish law, but it is still very much in use by the Conservative movement, and rabbis of other streams sometimes require this clause on the ketubah as well.

The Conservative ketubah text, then, is made up of two texts: the traditional Aramaic (Orthodox) ketubah text, plus the Lieberman clause.

So what do these texts actually say? Since you may be signing a document at your wedding with this wording, you may want to know what you're agreeing to! Here is a translation of the traditional ketubah text:

"On __________ [day of the week], the __________ day of the month __________ in the year __________ since creation of the world, the era according to which we are accustomed to reckon here in the city of __________ how __________ son of __________ said to this virgin/widow/divorcée/convert __________ daughter of __________ 'Be thou my wife according to the law of Moses and Israel, and I will work for thee, honor, support, and maintain thee in accordance with the custom of Jewish husbands who work for their wives, honor, support, and maintain them in truth. And I will set aside for thee 200 zuz [traditional money] {for virgins}/100 zuz {for all others}, in lieu of thy virginity, which belong to thee (according to the law of Moses), and thy food, clothing, and necessaries, and live with thee in conjugal relations according to universal custom.' And __________ this virgin/widow/divorcée/convert consented and became his wife. The dowry that she brought from her father's house/her own house, in silver, gold, valuables, dresses and bedclothes, amounts to __________ [100 silver pieces {virgin}/50 silver pieces {all others}], and the bridegroom consented to increase this amount from his own property with the sum of __________ [100 silver pieces {virgin}/50 silver pieces {all others}], making in all __________ [200 silver pieces {virgin}/100 silver pieces {all others}]. And thus said

__________ the bridegroom, 'I take upon myself and my heirs after me the responsibility of this marriage contract, of the dowry, and of the additional sum, so that all this shall be paid from the best part of my property, real and personal, that I now possess or may hereafter acquire. All my property, even the mantle on my shoulders, shall be mortgaged for the security of the contract and of the dowry and of the addition made thereto.' __________ the bridegroom has taken upon himself the responsibility for all the obligations of this ketubah, as is customary with other ketubot made for the daughters of Israel in accordance with the institution of our sages -- may their memory be for a blessing! It is not to be regarded as an illusory obligation or as a mere symbolical delivery between __________ son of __________ the bridegroom, and __________ daughter of __________ the virgin/widow/divorcée/convert, and they have employed an instrument legally fit for the purpose to strengthen all that is stated above, and everything is valid and established."

And here is a translation of the Lieberman clause:

"And in solemn assent to their mutual responsibilities and love, the bridegroom and bride have declared: as evidence to our desire to enable each other to live in accordance with the Jewish law of marriage throughout our lifetime, we, the bride and bridegroom, attach our signatures to this ketubah, and hereby agree to recognize the Bet Din of the Rabbinical Assembly and the Jewish Theological Seminary of America, or its duly appointed representatives, as having authority to council us in the light of Jewish tradition which requires husband and wife to give each other complete love and devotion, and to summon either party at the request of the other, in order to enable the party so requesting to live in accordance with the standards of Jewish law of marriage throughout his or her lifetime. We authorize the Bet Din to impose such terms of compensation as it may see fit for failure to respond to its summons or to carry out its decision."

If you're shopping for a ketubah, make sure to check with your rabbi or cantor before you make your selection! Although most Conservative rabbis will require the Conservative text (plus Lieberman clause!), every rabbi is different. One thing is for sure, though: if you get to your wedding and your rabbi decides that your ketubah is not acceptable, you won't be able to use it! So check first, and have fun shopping!

©copyright Melissa Dinwiddie 2010