Engagement Contract (שטר תנאים)

Partnership Agreement

There are communities who have the practice to make an engagement contract, the literal translation for the word’ tenaim’ is ‘conditions’. These are conditions agreed upon by the couple; both parties accept several conditions related to the partnership of bride, groom and their families. They consist of the agreed wedding date, as well as the financial liabilities of the two parties. The contract is binding on both parties, in case of a breach of conditions the offender must pay compensation. This contract is signed by two witnesses.

The Custom of Witness

At the engagement party a Rabbi is summoned to read out the contract.  To make sure the conditions are binding a Kinyan is made, and two guarantors are brought, one for each party. The two parties come to an agreement between themselves as to how much each side will pay. One tends not to write the amounts on the contract, rather it says that payments will be done ‘as agreed upon’.

According to Ashkenazi custom the contract is signed at the engagement, the Sephardic custom however is to sign it at the Chupah ceremony. The text used for the Tenaim differs as well, the Ashkenazi custom is to use the accepted text called ‘נחלת שבעה’

The contract starts by stating the following blessing: "בסימן טוב ובמזל טוב, יעלה ויצמח כגן רטוב, והשם הטוב יאמר לדבק טוב, מצא אשה מצא טוב, ויפק רצון מה' הטוב"
“With good sign and good fortune, may it come up and sprout forth like a green garden, and may the almighty one say it will be an everlasting connection, one who finds a wife finds goodness, and evokes favor of G’d who is good”.

It then continues with a guarantee of the couple to live in love and peace together, also the parents undertake to provide financial support until the wedding and to make sure the children have the clothing articles they need. It ends by stating a date for the wedding ceremony. The contract is signed by two witnesses and two guarantors who confirm and validate the contract. After the signing, the contents of the contract are read in front of all the partakers at the ceremony.

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