Introduction to Kesuba: Difference between revisions
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== Is Kesubah Deoraisa or Derabanan == | == Is Kesubah Deoraisa or Derabanan == | ||
# The | # The possibility that a Kesubah would be Deoraisa is based on the fact that the Torah describes the concept of a gift for marrying a betulah. <ref>Ketubot 10a, Ketubot 110b</ref> This is in fact the opinion of some rishonim.<ref>Rabbenu Tam (Tosfot Ketubot 10a)</ref> | ||
# Most Rishonim hold that it is only a derabanan<ref> Rambam (Ishut 10:7), (c.f. Rambam's introduction to Ishut, Mitzvah n. 2). The Hagahot Maimoniyot (Ishut 10:6) cites the Rif, Rabbenu Chananel, and Bahag as holding it is derabbanan.</ref> | |||
# | |||
== | == The value of the Ketubah == | ||
# | # Ashkenazim commonly include in the ketubah a total of 200 zekukin of silver for the Tosefet Ketubah and the Nidonya. There is a dispute as to the amount of 200 zakukim. Some say that it is 45.5 kilograms of silver and some say that it is 57 kilograms of silver. <ref>http://www.jlaw.com/Articles/KETUBAH.pdf citing Rav Moshe (Igrot Moshe 4:91-92) and Chazon Ish (EH 66:21)</ref> | ||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Marriage]] | [[Category:Marriage]] | ||
Revision as of 14:33, 15 June 2015
NOT COMPLETED YET STILL BEING WORKED ON
Three parts to the Kesubah
- The First part of the Kesubah is known as the Ikar Kesubah and is a T'nai Bais Din. It is 200 Zuz for a Besulah and 100 for an Almanah. [1]
- The Second part is added on by the husband of his own free will, it's known as the Tosefes Kesubah. The Minhag today is to add on 100 Zekukin Cesef, fromthe times of the Maharil.(This Hischaivus from the Husband is effected through a Kinyan Sudar, were the Wife gives him for example a hankerchief, or the Mesadeir Kidushin or Eidim could also based off Zachin [Tosfos says that even though the handkerchief doesn't belong to her it's okay becasue it works through the din of Eved K'naani[2]
- The Third part of the Kesubah is known as the Nedunya. To explain this we first need a little background. When a woman gets married there are two types of propert ahe can bring int the marriage, Nichsei Melug and Nicsei Tzon Barzel. Nichsei Melug is when she owns the property and the husband has the right to eat the Peiros. Nichsei Tzon Barzel is propert that when she got married the value of it was written into her Kesubah. She may collect this even many years after the wedding (the value might have depriciated). These are the Replace with desired next point text[3]
Is Kesubah Deoraisa or Derabanan
- The possibility that a Kesubah would be Deoraisa is based on the fact that the Torah describes the concept of a gift for marrying a betulah. [4] This is in fact the opinion of some rishonim.[5]
- Most Rishonim hold that it is only a derabanan[6]
The value of the Ketubah
- Ashkenazim commonly include in the ketubah a total of 200 zekukin of silver for the Tosefet Ketubah and the Nidonya. There is a dispute as to the amount of 200 zakukim. Some say that it is 45.5 kilograms of silver and some say that it is 57 kilograms of silver. [7]
Sources
- ↑ This ENTIRE Article is basedoff a Shiur Given By R' Hershel Schachter http://www.yutorah.org/lectures/lecture.cfm/783803/Rabbi_Hershel_Schachter/Shiur_
- ↑ f
- ↑ Replace with desired reference
- ↑ Ketubot 10a, Ketubot 110b
- ↑ Rabbenu Tam (Tosfot Ketubot 10a)
- ↑ Rambam (Ishut 10:7), (c.f. Rambam's introduction to Ishut, Mitzvah n. 2). The Hagahot Maimoniyot (Ishut 10:6) cites the Rif, Rabbenu Chananel, and Bahag as holding it is derabbanan.
- ↑ http://www.jlaw.com/Articles/KETUBAH.pdf citing Rav Moshe (Igrot Moshe 4:91-92) and Chazon Ish (EH 66:21)
