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What was the view on extramarital relations in the times of the gemara? To be clear, this is not a question of what is or isn't permitted. This is a question about historical practices; historically how did Jewish communities view the idea of cohabitation or relations out of wedlock?

DonCorleone
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  • that depends if concubines were ever allowed for the laymen, as according to the Rambam, only kings were allowed to have them – KapinKrunch Jul 23 '20 at 02:05

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Ketuvot 3a, 73a discuss the two types of "pre-marital intercourse" defined in the Gemara.

One is "marriage through intercourse", that is, the man has intercourse with the intention of making her his wife by so doing. This practice is rabinically prohibited- they are liable for lashes from the Beit Din for getting married in this fashion- but by Torah law, it is effective, and they are considered married and require a get to divorce.

The other type of pre-marital intercourse is called "Z'nut", which gets translated as "prostitution" or "promiscuous sex" or "promiscous relations". This type of pre-marital intercourse is also prohibited but does not create a marital relationship.

DonCorleone
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יהושע ק
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    It's worth adding that the former is prohibited only rabbinically; not only is it effective according to Torah law but it's actually permissible. The latter type is prohibited even according to the Torah (though there may be disagreement as to which specific prohibition/violation of a possible commandment it is. I don't remember the opinions off-hand.). – Binyomin Jul 21 '20 at 08:27
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    @Josh K, I appreciate you taking the time to answer this question. Thanks. – DonCorleone Jul 21 '20 at 14:11
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    There are also Rabbinic marriages which aren't Biblically valid, but are still allowed. Like for a cheireish or a girl whose father passed away ch"v. @Binyomin – Heshy Jul 21 '20 at 15:35
  • "that is, the man has intercourse with the intention of making her his wife by so doing."

    Does the intercourse plus marriage intent by itself make her his wife immediately after the intercourse, without requiring witnesses, or documents? Or are those required?

    What is required from the woman? Consent to sex plus intent of marriage? One but not the other? And same question relating to witnesses and documents applies to her.

     – ShipBuilding Apr 04 '22 at 23:57
  • @ShipBuilding you've got the sources, in English, linked in the answer. Read through the gamarra and find out! – יהושע ק Apr 05 '22 at 15:00
  • @יהושעק ק Not every source is translated to english. Most Ramchal texts arent in english. Most teachings from the Gra arent in english. Im wondering if there are any different teachings than what is in Gemara or sources translated to english. What if somewhere they say (in Hebrew), "most thought rape was involved, because they couldn't believe Dinah would do it, but the truth is he seduced her, she fell head over heels, and he never raped her once, every intercourse was consensual, they even had a child, but everything was kept secret because of the scandal," or something like that? – ShipBuilding Apr 07 '22 at 19:35
  • Indeed @ShipBuilding, many fine texts and important texts have either not been translated into English or are not available instantly for free on the internet. Nevertheless, the sources for the answer provided here are not only on the internet in English, there are actually links (if you click on the word Ketuvot 3a for example) to the relevant passages above. – יהושע ק Apr 07 '22 at 19:55
  • @יהושעק Sorry I thought this was my other thread about a different question having to do with intercourse and marriage halachah, where someone had posted a different link. – ShipBuilding Apr 08 '22 at 00:42