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The requirement of having a ketuba was particularly important when people still followed the original Torah laws that allowed a man to marry more than one woman, and to divorce his wife against her will. Let us explain.
The Torah did permit polygamy; however, it also indicated its undesirability. Clearly, polygamy undermines the deep love that should exist between a husband and wife and causes tension in the family. This is why in the Garden of Eden, God created one male and one female. Furthermore, in all of the Torah’s stories involving multiple wives, serious trouble results. Why then was it permitted? It was a matter of economic necessity, which is not trivial. When making a living was difficult and exhausting, and many people died young due to malnutrition and disease, unmarried women were in an untenable situation, lacking a means of support and protection. There was good reason for the Torah’s commandment to help the widow, someone whose protector and provider was gone. This is why a well-off man was permitted to marry more than one woman, as long as he was able to properly support them all, and to satisfy each of his wives in accordance with the ona rules. However, going as far back as Talmudic times, it is rare to find documentation of polygamous marriages. About a thousand years ago, when survival had become a little easier and family values had taken deeper root, the rule was officially changed. The sages in Germany, led by Rabbeinu Gershom (“Light of the Exile”), prohibited polygamy. Gradually, this rule was accepted in more and more communities. Today, it binds the entire Jewish people.
Another marital law changed over time. According to the letter of the law, a man was allowed to divorce his wife without her consent. It would seem that without this provision, it would have been difficult to get men to commit to marriage. In any case, given this law, the monetary payment of the ketuba was vital, because it could serve as a deterrent for a husband who might otherwise irresponsibly decide to end his marriage. A thousand years ago, Rabbeinu Gershom required a wife’s consent to divorce, and this rule became accepted as well. Since then, the amount in the ketuba has served as the starting point for negotiations if a marriage breaks up, since divorce is no longer possible without the wife’s consent. Only in very difficult cases can a man pay the ketuba and divorce his wife even against her will. This is limited to when a rabbinic court deems it necessary for the couple to divorce but the wife refuses, and the husband is able to persuade one hundred rabbis of the validity of his cause.
