CCAR RESPONSA
American Reform Responsa
136. Marriage on Shabbat or Yom Tov
(Vol. LXXXVII, 1977, pp. 97-99)QUESTION: May a marriage be performed on Shabbat or Yom Tov? (Referred to the Responsa Committee by the Central Conference of American Rabbis, June 1976)ANSWER: The question before us deals with the sanctity of Shabbat as understood and encouraged by the Reform Movement and the social and religious context of modern Jewish marriage. The Shulchan Aruch twice states that marriages are not to be performed on Shabbat and Yom Tov (Orach Chayim 339.4 and Even Ha-ezer 64.3). This prohibition is based on the Talmudic statement (Beitsa 36b) and the underlying mishna. These prohibitions mentioned in the several texts do not relate to Biblically prohibited work, but were issued by the Rabbi in an effort to protect the sanctity of the Shabbat*. This, however, engenders a contradiction between the Mishnaic prohibition and the weighty and esteemed mitzvah of marriage. The problem was resolved by stating that the prohibition referred only to an individual who had already been married and had children by that marriage. In that case, if he wished to be married a second time, the wedding could not be held on Shabbat. The brief Talmudic discussion led to a controversy between Rashi and Rabbenu Tam. Rashi would prohibit any marriage on Shabbat while Rabbenu Tam might be permissive; he, nevertheless, refrained from conducting such a marriage because of the injunction against writing on Shabbat, and he would permit it only in an emergency. The entire matter is also touched upon in the case of the High Priest, ministering on Yom Kippur, who must remarry immediately, even on Yom Kippur, if his first wife died, or else be unfit to continue as High Priest (Yoma 38b). There the Jerusalem Talmud asks how such a marriage could occur, since marriage involves an act of acquisition, which is prohibited on Shabbat. The specific case of the High Priest was solved by stating that Rabbinic prohibition had no validity with the High Priest serving in the Temple. The general prohibition against marriage on Yom Tov is discussed in Shulchan Aruch, O. Ch. 546.1. Our tradition has also dealt with the rare emergency in which a wedding has occurred or could occur on Shabbat, and with the pressing circumstances leading authorities to violate the Shabbat in order to conduct a marriage. Moses Isserles stated (note to Orach Chayim 339.4) that “it was permitted under certain conditions,” and gave as his authority Rabbenu Tam, who followed the Talmudic line of reasoning and stated (Sefer Hayashar 101.10): “I have permitted the marriage of a woman on Shabbat to a man who had no children from a previous marriage,” and then continued that he had also made exceptions for other unusual circumstances. Isserles himself dealt with such an exception in his Responsum #125, where he reported that he had conducted the wedding of an orphan bride on Friday evening, two hours after Shabbat had commenced (a disciple also reported that Isserles did not say his Shabbat prayers until after the wedding). There had been a lengthy argument about the dowry to be furnished by relatives of the orphan, and rather than shame the girl, Isserles insisted that negotiations continue until the groom was satisfied; then the marriage was performed. The occasion must have led to considerable complaints, for the responsum reports them. The mitzvah of marrying the girl overrode any objection which might have been raised in this case, especially since the Rabbinic prohibition was made only to keep individuals from writing the Ketuba on Shabbat or acquiring property (as the man might do in this case). Isserles did not feel that the general rule against marrying on Shabbat was challenged by him as he had acted only under the pressure of an emergency. Here the “honor of people” took precedence. He cites, in addition, Hagahot Asheri and the Semag, while acknowledging that Alfasi, Rambam, and others opposed such leniency. It is clear from these sources that under emergency conditions weddings were certainly permissible on Shabbat. It is equally clear that the bedi-avad weddings conducted on Shabbat were to be considered completely valid. We, however, are not concerned with an emergency, but with the usual social context for a modern wedding planned well in advance in the largest number of cases. From the sources cited above, we can see that the traditional prohibition against marriage on Shabbat as given in the Shulchan Aruch rests on foundations in the Talmudic tradition which we, as Reform Jews, no longer observe. One might, therefore, be led to argue that inasmuch as marriage is a mitzvah, it should override any objections to its performance on Shabbat. We disagree with that point of view for the following reasons: (1) Despite weak foundations, the custom of refraining from conducting weddings on Shabbat has been universally accepted for many centuries. Although the Talmudic foundation is slim, the statement in the Shulchan Aruch is clear, and has had the support of Reform Jews. It continues to receive such support now. (Although technically such a marriage may reflect only a minor infringement of Shabbat, it is a major matter, especially when related to the general level of Shabbat observance.) Since it has the weight of a widely observed minhag which supports the spirit of Shabbat, it should not be dismissed or disregarded. (2) The Reform Movement has encouraged Shabbat observance in creative ways for more than a decade. We have published a Shabbat Manual, and we encourage our members to make Shabbat a “special day” upon which we do not carry out duties and acts performed on other days. Countenancing marriages on Shabbat would detract from this objective and weaken our efforts. We would, therefore, go further and discourage weddings being held even on Saturday evening, for they involve preparations on Shabbat which are not in keeping with the spirit of rest and holiness of Shabbat. (See Ket. 2a: “Wedding preparations should not disturb the Shabbat.”) (3) We have a great respect for Kelal Yisra-el and wish to do everything possible to advance the unity of the Jewish people. There are, to be sure, certain matters of principle for which we must stand alone, but this does not qualify as one of them. We are here discussing a matter of mere convenience, because a marriage can easily be performed on any other day except in extreme emergency caused by persecution or war. (4) Our tradition has always emphasized that in addition to all else, marriage has as its basis companionship, procreation, and family life; but there are also various economic aspects which form an important element of the traditional Ketuba, and are not stressed by us. However, economic considerations do play a considerable role at a time when the family is about to be established in terms of property rights, insurance benefits, etc., in many states, and an equally large role when such a family is dissolved. These may not be readily apparent to the couple. Although they may not be “transactions” in the ordinary sense, Shabbat is not the time to initiate them. Economic considerations prompted Isserles to act boldly, but he kept some distinction between the financial negotiations and Shabbat by delaying his evening prayers. His act does not seem to be a precedent for interrupting Shabbat. We should not engage in transactions with these overtones on Shabbat. (5) We should not elevate an emergency procedure to a normal standard of conduct. We are opposed to the performance of marriages on Shabbat, as we prefer to give allegiance to a hallowed tradition rather than to honor mere convenience. For all these reasons, we, as a committee, after due deliberation, recommend that the generally prevailing practice be continued, that is to say, marriage ceremonies should not be conducted on Shabbat or on Yom Tov.Walter Jacob, ChairmanSolomon B. Freehof, Honorary ChairmanStephen M. PassamaneckW. Gunther PlautHarry A. RothHerman E. Schaalman* The Rabbinic arguments against a marriage on Shabbat rest on weak foundations. The arguments are paralleled by those which prohibit climbing a tree, riding an animal, or swimming on the Sabbath. See also:S.B. Freehof, “Wedding on Saturday Before Dark,” Recent Reform Responsa, pp. 167ff.
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