Druckschrift 
Marriage and its obstacles in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
Seite
193
Einzelbild herunterladen

JEWISH MARRIAGE WITHOUT CHILDREN Walter Jacob

QUESTION: Is it possible to have a valid Jewish marriage without children? Should a rabbi perform such a marriage when a couple specifically states that they plan to have no children?(Michael A. Robinson, Croton-on-Hudson, New York )

ANSWER: First, we should address the validity of a marriage without children. There is no doubt that procreation, companionship, joy, unity of the family, etc., are basic elements of marriage as seen by the Jewish tradition(Ket. 8a). Procreation was considered essential as already stated by the Mishnah:"A man may not desist from the duty of procreation unless he already has children."(Yev. 6.6) The Gemara to this concluded that a man may marry a barren woman if he has fulfilled this mitzvah of procreation, as in any case he should not remain unmarried(Yev. 61b). If the parties marry beyond the years when child-bearing is possible, or if one of them is sterile the same wedding blessings are, nevertheless, recited(Abudraham, Birkhot Erusin 98a) There was a difference between the schools of Hillel and Shammai about what was required to fulfill the mitzvah of procreation. The tradition followed Hillel , who minimally required a son and daughter, yet the codes all emphasize the need to produce children beyond that number(Tos. Yev. 8; Yad, Hil. Ishut, 15.6; Shulhan Arukh, Even Ha-ezer 1.5).

Tradition emphasized the need for a greater number of children as the fulfillment of two Biblical verses: Is. 45:18,"He created the world for habitation(lashevet)," and Eccl. 11:6, the obligation to sow seed in the evening(la-erev) as well as in he morning. In other words, one should constantly expand the Jewish population(Yev. 62a,b) This was

193