The Jewish Law of Marriage And Divorce in Ancient And Modern Times, And Its Relation to the Law of the State

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4.
(2) Maim. Ishuth III. 1; Eben Ha-Ezer XXVII, 1.— The formality of contracting marriage by means of a piece of money did probably not originate before the time of Herodes ; this is evident from the circum- stance that the schools of Shamai and Hillel still differed as to the minimum, value which that piece of money must have (Mishna Kidd.
I. 1). In the apochryphal book of Tobit the act of contracting a mar- riage is occasionally described (chap, vii.), but no mention of that formality is made
..., tliough the whole tone of ttie narrative bespeaks a late time of its composition. It ia not improbable that the formality was adopted from the Roman Law, in which a similar formality was- established as one of the three modes of forming a legal marriage.
The formality — there termed coemptio — is described in the following way. (see Bouviek's Law Diet., art. "Coemptio") : "The parties met and gave each other a small sum of money. They then questioned each other in turn. The man asked the woman if she wished to be his mater-familias.


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