does marriage contracts exist in bible?

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The Learner

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Tobit 7:13-14

New Catholic Bible

13 Then, after summoning her mother and instructing her to bring him a scroll, he drew up and affixed his seal to a marriage contract[a] stating that he gave Sarah to Tobiah as his wife according to the decree of the law of Moses. 14 Afterward they began to eat and drink.
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Footnotes​

  1. Tobit 7:13 Marriage contract: the Mosaic Law did not contemplate marriage certificates, but they were introduced by custom; examples of them are found in the fifth century B.C. among the Aramaic papyri of Elephantine.

Google Aramaic papyri of Elephantine marriage contract
I will be kicked off soon.

Aramaic Marriage Papyri from Elephantine​

between 459–440, BC; Elephantine​

Translator: H. L. Ginsberg​




This translation is a nearly verbatim transcription of that by H. L. Ginsberg (see references). The documents come from Elephantine (Egypt), and date between 459 and 440, BC. Footnotes are Ginsberg’s unless noted (by the initials “AH”).
Notes are ‘mouse hover style’, connected to passages in green.
Please report errors to me (link at end of page). -Alan Humm

Sources:​

Ginsberg, Harold Louis. (1969). Additional Mesopotamian legal documents: Marriage contract. Ancient Near Eastern Texts Relating to the Old Testament with Supplement. James B. Pritchard (Ed.). Princeton, N.J: Princeton University Press. Pp. 221f, 491.




Mibtahiah's first marriage​

Deed of 459 B.C., relating to reversion of property.​


On the 21st of Chisleu, that is the 1st of Mesore, year 6 of King Artaxerxes, Mahseiah b. Yedoniah, a Jew of Elephantine, of the detachment of Haumadata, said to Jezaniah b. Uriah of the said detachment as follows:
There is the site of I house belonging to me, west of the house belonging to you, which I have given to your wife, my daughter Mibtahiah (Mbthyh), and in respect of which I have written her a deed. The measurements of the house in question are 8 cubits and a handbreadth [5] by II, by the measuring-rod. Now do I, Mahseiah, say to you, Build and equip that site . . . and dwell thereon with your wife. But you may not sell that house or give it as a present to others; only your children by my daughter Mibtahiah shall have power over it after you two. If tomorrow or some other day you build upon this land, and then my daughter divorces you and leaves you, she shall have no power to take it or give it to others; only your children by [10] Mibtahiah shall have power over it, in return for the work which you shall have done. If, on the other hand, she recovers from you, she [may] take half of the house, and [the] othe[r] half shall be at you; disposal in return for the building which you will have done on that house. And again as to that half, your children by Mibtahiah shall have power over it after you. If tomorrow or another day I should institute suit or process against you and say I did not give you this land to build on and did not draw up this deed for you, I [15] shall give you a sum of 10 karshin by royal weight, at the rate of 2 R to the ten, and no suit or process shall lie. This deed was written by 'Atharshuri b. Nabuzeribni in the fortress of Syene at the dictation of Mahseiah.
Witnesses hereto (signatures).

In liquidation of Mibtahiah's second marriage: Settlement of claim by oath​

Date: 440 B.C.​

The Jewess Mibtahiah (Mbthyh) had apparently married the Egyptian Pi’ and then the marriage had been dissolved. The marriage had meant Mibtahiah’s exit from the Jewish community and adoption into the Egyptian. Even its liquidation necessitated her swearing by an Egyptian deity. The witnesses to this document are neither Jewish nor Egyptian.​


On the 14th of Ab, being the 19th day of Pahons, in the year 25 of King Artaxerxes, Pi’ the son of Pahi (Phy), builder, of the fortress of Syene, said to Mibtahiah, daughter of Maheseiah the son of Yedoniah, an Aramean of Syene of the detachment of Varizata (as follows):
In accordance with the action which we took at Syene, let us make a division of the silver, grain, raiment, bronze, iron, and all goods and possessions and marriage contract. Then a oath was imposed upon you, and you swore to me concerning them by the goddess Sati. I was satisfied with the oath which you took to me concerning your goods, and I renounce all claim on you from this day for ever.

Contract of Mibtahiah's third marriage oath​

Date: about 440 B.C.​

On the 2[5]th of Tishri, that is the 6th day of the month Epiphi, [year . . . of] Kin[g Artaxerx]es, said Ashor b. [Seho], 123 The name of Ashor's father (sh’) is preserved in another document. Both it and his own are Egyptian, but he eventually adopted the Hebrew one of Nathan. builder to the king, to Mah[seiah, A]ramean of Syene, of the detachment of Varizata, as follows:
I have [co]me to your house that you might give me your daughter Mipht(ah)iah in marriage. She is my wife and I am her husband from this day for ever. I have given you as the bride-price [5] of your daughter Miphtahiah (a sum of) 5 shekels, royal weight. It has been received by you and your heart is content there with, (Lines 6-16, Miphtahiah's dowry.) [17] Should Ashor die tomorrow or an[othe]r day having no child, male or female, by his wife Mi[phtah]iah, Miphtahiah shall be entitled to the house, chattels and all worldly goods of Ashor. [20] Should Miphtahiah die tomorrow or (another) day having no child, male or female, by her husband Ashor, Ashor shall inherit her property and chattels. Should [Miph]tahiah, tomorrow [or] another [d]ay stand up in a congregation and say, I divorce my husband Ashor, the price of divorce shall be upon her head: she shall sit by the balance and weigh out to [As]hor a sum of 7 shekels 2 R. But all that which she has brought in [25] with her she shall take out, shred and thread, and go whither she will, without suit or process. Should Ashor tomorrow or another day stand up in a congregation and say, I divorce my [wif]e Miphtahiah, [he shall] forfeit her bride-price, and all that she has brought in with her she shall take out, shred and thread, on one day at one stroke, and shall go whither she will, without suit or process. And [whoever] arises against Miphtahiah [30] to drive her away from the house, possessions, and chattels of Ashor shall give her the sum of 20 karash, and the law of this deed shall [ . . . ] for her. And I shall have no right to say I have another wife besides Mipht(ah)iah or other children besides any Miphtahiah may bear to me. If I say I have chi[ldren] and wife other than Miphtiah and her children, I shall give to Miphtahiah a su[m] of 20 karash, royal weight. [35] Neither shall I have the right to [wre]st my property and chattels from Miph[tah]iah. If I take them away from her (erasure), I shall give to Miphtahiah [a sum of] 20 karash, royal weight. [This deed] was written by Nathan b. Ananiah [at the dictation of Ashor].
Witnesses: (signatures).

 

The Learner

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As of this day, before witnesses, Gilben, chamberlain of the queen's palace, set free [5] Eliyawe his maidservant, from among the women of the harem, and by pouring oil on her head, made her free, saying: [10] “Just as I am quit towards her, so is she quit towards me, forever.&rdquop


Further, Buriyanu, the namu, has taken her as his wife, [I5] and Buriyanu, her husband has rendered 20 shekels of silver into the hands of Gilben.
Four witnesses.



(Inscribed on seal:) Should Buriyanu, tomorrow or the following day, refuse to consummate his marriage with Eliyawe—

 

The Learner

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maybe in the law of mosses the torah first five books, the wedding price was considered a contract.
 

DJT_47

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Marriage is the union of two previously separate things.

Marriage: What is marriage and when do you really become married? Is it after some formal or elaborate ceremony or process, such as when a justice of the peace, ordained minister or “priest” of some church mumbles some words in front of you both while holding a bible or some other “religious” book, after which he says you’re now married, or what?

Such things as mentioned above are man-made traditions which have evolved over time and may in fact be
what’s commonly done and accepted by society for a variety of reasons including satisfying society’s legal process, but although society, including the church and religious bodies in general, may tend to consider or discuss marriage from man's point of view based on such worldly, legalistic, and/or ceremonial perspectives, do these processes really constitute marriage or being/becoming married according to the scriptures? At what point are you considered married in the eyes of God since you won’t find any ceremony required or sanctioned by
God in the bible? When do you become married from God’s perspective and what does the bible say and teach regarding this subject?

So, what does the word “marriage” mean? What does “marry” (verb) or “to marry” mean from which it’s derived? Aside from the commonly accepted use and understanding (by man) today of the word “marriage” in the human sense of joining 2 people together in marriage as noted above through some ceremonial or otherwise accepted legal process, the word also means (according to Webster), “combine”, or “unite”, “merge”, “blend”, and so on, such as when (in non-human terms) considering the joining together physically of, for instance, 2 pieces of metal by welding, fastening, soldering, etc., or 2 pieces of wood by gluing them together, or by the use of screws, nails, or a variety of other means, as well as all other previously separated objects that are joined together through some process by which they become physically one. But in all cases whether applying the word to people or inanimate objects or ‘things’, the end result is the physical joining together of the 2 previously separate pieces so they then become united as one! This is what happens when 2 people are joined together in “marriage”; they become one physically, but when does this really occur?

Gen 2:24

“Therefore shall a man leave his father and his mother, and shall cleave unto his wife: and they shall be one flesh.”

Comment: Here, at the very beginning, in the second chapter of God’s word, there was no ceremony, no man-made traditions of any kind, yet God speaks of the man and his wife, and further that “they shall be one flesh”.

So, at what point did they become “one flesh” would be the logical question to ask? The answer should be obvious: when they are joined together sexually!

So were Adam and Eve married? I’d say that they were at this point as further documented below. She was his wife, but they were not one flesh until they were joined together physically (“married”) by having sex.

Gen 4:1

“And Adam knew Eve his wife; and she conceived, and bare Cain, and said, I have gotten a man from the LORD.”

Comment: Here in this passage, Eve was considered Adam’s wife, after which he “knew” her, which is the common word and phraseology used in the bible to denote that sexual relations occurred without there being a ceremony, and without having yet engaged in sexual intercourse, which is at the point they became “one flesh” and were “married”, or joined together.

A bit later in Genesis, chapter 38 (below), you find another instance that clearly defines the point at which people become “married”, also with no ceremony and without the man and woman in this case even being man-and-wife. If this instance, the man was told to “go in unto” (which is another common phrase used in the scriptures meaning to have sexual intercourse with) his deceased brother’s wife and “marry” her so she could bare offspring through her brother-in-law on behalf of his deceased brother, which was the tradition at that time sanctioned by God, as a means of carrying-on and perpetuating the family. The key here is that this was considered “marrying” (the joining together physically of the two individuals).

Gen 38: 1-10

6 And Judah took a wife for Er his firstborn, whose name was Tamar. 7 And Er, Judah's firstborn, was wicked in the sight of the LORD; and the LORD slew him. 8 And Judah said unto Onan, Go in unto thy brother's wife, and marry her, and raise up seed to thy brother. 9 And Onan knew that the seed should not be his; and it came to pass, when he went in unto his brother's wife, that he spilled it on the ground, lest that he should give seed to his brother. 10 And the thing which he did displeased the LORD: wherefore he slew him

Mat19: 5-6

"And said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder."

1 Cor: 15-16

"Know ye not that your bodies are the members of Christ? shall I then take the members of Christ, and make them the members of an harlot? God forbid.
“What? know ye not that he which is joined to an harlot is one body? for two, saith he, shall be one flesh.”
 
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