Temporary Marriage
A Comparison of the Jewish and Islamic Conceptions
Bibliographic Data
| ID | 20511673 |
|---|---|
| Authors | Yehezkel Margalit (Bar-Ilan University, corresponding author) |
| Year | 2018 |
| Volume | 33 |
| Issue | 1 |
| Pages | 89-107 |
| Publication date | 2018-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Law and Religion (JOURNAL) |
| Journal identifiers | ISSN: 0748-0814 • E-ISSN: 2163-3088 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/jlr.2018.12 |
| OpenAlex | W2883108942 |
| Language | EN |
| References cited | 26 |
The Jewish marriage differs from the Catholic Christian marriage, which is an institution surrounded by the halo of a holy sacrament that cannot be nullified. It also differs from the Islamic marriage, which is closer to a legal agreement than to a sacrament, wherein the husband alone may annul the marriage, either unilaterally or by mutual consent. This is especially true of the Shi'ite marriage—the muta —which may be annulled without any divorce proceedings at a predetermined date. In this article, I present a little-known possible halakhic stipulation: temporary marriage. I consider its roots and the different applications in Talmudic sources. An example of the Babylonian application of this conditional marriage is the cry by important Babylonian amoraim , “Who will be mine for a day?” In this unique case, some of the halakhic authorities rule that there is no necessity for a get in order to terminate the marriage. I consider the early halakhic rulings on these cases and the modern version of this stipulation, which was also rejected by modern halakhic authorities. I also offer a comparative study of a possible parallel to the marriage for a predetermined period, the Shi'ite temporary marriage, which is intentionally restricted to an agreed period of time and does not require divorce to annul it. I conclude my discussion by revealing the possible common roots for the Jewish temporary marriage and the Shi'ite temporary marriage in ancient Persian law
Institution · Islam · Judaism · Marriage law · Political science · Sharia · Sociology · Stipulation · Talmud · Theology · Ancient Near East History · Families in Therapy and Culture · History · Law · Marriage and Sexual Relationships · Philosophy
The Origins of Muhammadan Jurisprudence
An introduction to Islamic law
Iranian Society and Law
The Cambridge History of Iran
Introduction to Islamic Theology and Law
Marriage on Trial
Kinship and Marriage in Early Arabia
Persia and the Persian Question
The Islamic Law of Personal Status
The Extent of Jewish Polygamy in Talmudic Times
What Is "Jewish Law"
Law and the Islamic World
Freedom from Religion in Israel
Between Universal Feminism and Particular Nationalism
An Introduction to the History and Sources of Jewish Law
The Use of Islamic Sources in Saadiah Gaon's Tafsīr of the Torah
Divorce on demand
How Jewish is Jewish Family Law
| Citation velocity | historical |
|---|---|
| Highly cited | No |