Introduction to Kesuba

From Halachipedia

NOT COMPLETED YET STILL BEING WORKED ON

Three parts to the Kesubah

  1. 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]
  2. 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, from the times of the Maharil.(This Hischaivus from the Husband is effected through a Kinyan Sudar, were the Wife gives him for example a handkerchief, 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 because it works through the din of Eved K'naani[2]
  3. 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 property he can bring into 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 depreciated). [3]

Is Kesubah Deoraisa or Derabanan

  1. Sephardim have the text of the ketubah “כסף זוזי מאתן דחזי ליכי” whereas Ashkenazim have “דחזי ליכי מדאורייתא”. This is based on a major dispute in the rishonim and if a Sephardi uses an Ashkenazic ketubah it might be pasul.[4]

The Value of the Ketubah

  1. 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. [5]

Printed Ketubah

  1. Some poskim recommend to fill in the blanks of a ketubah with the same script as the rest of the ketubah was written[6], however, the minhag isn't careful about this.[7]

Signing the Ketubah

Predating the Ketubah

  1. Many have the practice to sign the Ketubah before the kiddushin at the Chosson's tisch. However, some sign it underneath the chuppah. [8]
  2. It is proper to have the ketubah dated the same date as the chuppah occurs, however, after the fact if it was predated and there was a kinyan at the time of the signing on the earlier day, some allow such a ketubah[9], while others reject such a ketubah.[10] To avoid such an issue, some advise to postdate the ketubah so that the date on the ketubah matches that of the chuppah if the chatan's tisch occurs before sunset of the day of the wedding.[11]
  3. If the ketubah was predated, that is, it was dated for a day prior to the actual wedding and prior to the actual kinyan for the ketubah, the ketubah is invalid.[12]
  4. Initially it isn't proper to date a Ketubah for the night if it is signed during the day, though if one did so, it is kosher.[13]

Filling Out Names

  1. One should be extremely careful to correctly write the Hebrew names of the Chatan, Kallah and their last names exactly as they are usually spelled. Misspelling even one of the names to the point where it either colloquially becomes a different name (even if there is just a one letter discrepancy (e.g. Gershom/Gershon)) or that it becomes a name that is non-sensical renders the entire Ketubah invalid.[14]
  2. The general custom is to use the official names of the Chatan and Kallah and not specify any commonly used nicknames.[15]

Mentioning the Fathers' Names in the Ketubah

  1. The Chatan and Kallah should mention their names in the Ketubah as "(Chatan/Kallah's hebrew name) ben/bat (father's hebrew name) L'mishpachat (person's last name)"
  2. There is a question as to how to phrase the above clause when the child is adopted and/or the father's identity is unknown. Some of are of the opinion that the mother's name should be mentioned instead. Others suggest using the phrase "ben/bat Avraham" (referring to Avraham Avinu), using the formulation of "(child name) ben/bat (adopted father's name) HaMigadlo/Hamigadla (who raised him/her)", or leaving out the father's name entirely such that it reads, "(child's name) L'mishpachat (last name)".[16]

Further Reading

  1. Dinei Ishut (vol. 1, vol. 2) by Rabbi Ezra Batzri, Former Dayan in the Beit Din HaRabbani HaGadol and Av Beit Din in Yerushalayim.
  2. The Chief Rabbi of Bat Yam, HaRav Eliyahu Bar Shalom, has an encyclopedic, eight volume masterpiece entitled Mishpat HaKetubah, in which he addresses every aspect of Hilchot Ketubot.

Sources

  1. ↑ Many of the halachot noted in this article are based on a Shiur Given By R' Hershel Schachter http://www.yutorah.org/lectures/lecture.cfm/783803/Rabbi_Hershel_Schachter/Shiur_
  2. ↑ f
  3. ↑ Replace with desired reference
  4. ↑ *Rabbenu Tam (Tosfot Ketubot 10a) holds that Ketubah is deoritta. 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. (Ketubot 10a, Ketubot 110b)
    • But the Rambam (Ishut 10:7), Rif (Ketubot 65b), and Shulchan Aruch (EH 66:6) hold it is only derabbanan.
    • The Rosh (Ketubot 1:19) explains that even if ketubah is derabbanan the text of the ketubah simply means that the chatan indebts himself to an obligation of 200 coins of which the Torah speaks about in regards to ones and mefateh. However, in reality the obligation of ketubah is rabbinic but the amount paid is according to the Tzurei coins, which is the type of coin used to pay for biblical obligations. The Rama 66:6 writes that the Ashkenazic minhag is to write “דחזי ליכי מדאורייתא” and the Chelkat Mechokek 66:26 explains the he is following the Rosh.
    • Yabia Omer EH 3:12 quotes tens of rishonim and achronim who hold that for Sephardim the text should not say דאורייתא. Nonetheless, if a Sephardic couple has an Ashkenazic ketubah with those words it is valid and the Bet Yosef holds that she is nonetheless only entitled to Medina coins, which are the currency usually used to pay rabbinic obligations.
  5. ↑ http://www.jlaw.com/Articles/KETUBAH.pdf citing Rav Moshe (Igrot Moshe 4:91-92) and Chazon Ish (EH 66:21)
  6. ↑ Rav Hershel Schachter in a shiur on yutorah.org "Overview of Ketubah" (min 23-25) says that there's no issue with the ketubah not being written lishma but there's a concern that since the names are filled in with script and the rest is in block print that the two parts of the shtar aren't connected.
  7. ↑ Nitai Gavriel (Nesuin vol. 1, p. 172, 21:5)
  8. ↑ Rav Ovadia Yosef (Sova Semachot 1:5:12)
  9. ↑ Nefesh HaRav (p. 260) records Rav Soloveitchik's practice later in life to allow a predated ketubah if they did a kinyan at the time of the signing. Ketubah K'hilchata (p. 21, 4:12) allows writing the daytime date if they also do the kinyan at that time. Rav Asher Weiss (Shu"t Minchat Asher 2:87) defends the practice to predate the ketubah since the witnesses that sign the ketubah are only attesting to the fact that the husband has created a financial lien for his wife, not to the fact that they are getting married per se.
  10. ↑ Rav Moshe Feinstein (Igrot Moshe EH 4:100, EH 4:105, OC 5:9) was opposed to predating ketubot since, through the ketubah, the chatan creates a lien on his possessions to pay his kallah if (G-d forbid) they need to divorce. This lien applies on the property chatan owns as of the day when ketubah is signed. With this said, the other obligations of a husband towards his wife only begin the day they marry. If the ketubah is predated before the wedding, should the chatan acquire or divest property in the days in between, the kallah will get more or less than what she should be receiving should the couple divorce later. Rav Shlomo Zalman Auerbach in a teshuva writes that it is signing a lie to sign a ketubah that was predated even if they did the kinyan since they didn't actually get married then and the ketubah states that they got married. Ketubah K'hilchata 4:10 cites both opinions and sides with stringent opinion. Those who allow a predated ketuba maintain that if a husband wants to obligate himself in more possessions, that is his prerogative. As to Rav Shlomo Zalman's concern about signing a lie, the ketuba never references the kiddushin/chupah (Ketuba K'hilchata). (Shiur by R' Michoel Zylberman, RCA/Beis Din of America)
  11. ↑ As a ketuba/shtar m'euchar (later document) is kosher, provided the date on it matches the date of the chupah and it avoids the issues posed by Rav Moshe Feinstein (see earlier footnote). With this said, some who knew Rav Moshe Feinstein personally recount that he himself was not personally stringent and allowed for a ketuba to be predated.
  12. ↑ Rosh Hashana 2a, Ketubah K'hilchata (p. 20, 4:10)
  13. ↑ Ketubah K'hilchata 4:13
  14. ↑ Mishpat HaKetubah 2:14:28 Exceptions may include if it is a name that is often known to have two versions (e.g. Yeshaya vs Yeshayahu), if the name written is a well known nickname of the person's real name (e.g. Avi for Avraham, Benny for Binyamin, Tzipi for Tziporah) or if the error does not result in an appreciable change in pronunciation of the person's name (e.g. an extra yud after the pey in Pinchas, an extra vav in the name Ziva). All of these rules also apply with spelling errors in last names or in placing nikudot underneath the letters of any names.
  15. ↑ Mishpat HaKetubah 2:14:5 This stands in contrast to a Get where both spouses' official and nicknames are specified. This is largely because unlike Gittin, last names are written in Ketubot, making it possible to easily identify the various parties without using nicknames. Nonetheless, if it there is a doubt as to which name to put on the Ketubah (the original or nickname), some suggest mentioning the nickname either in parenthesis (as is the opinion of Rav Elyashiv), or within in the text in the following format (Igros Moshe, Even HaEzer 4:102): "יוסף דמתקרי ג'ו בן יהודה"
  16. ↑ Shu"t Minchat Asher 2:87, Mishpat HaKetubah 2:15:28. Rav Moshe Feinstein (Igros Moshe, Even HaEzer, 1:99) advised against using the formulation of "ben Avraham Avinu", as the term implies the person is a Ger. Such an assumption is misleading and could cause the person to marry those who are prohibited to him because of this miscommunication in status. Rabbi Dr. Melech Schachter (father of Rav Hershel Schachter) was of the opinion, as expressed a RJJ journal article on adoption, that one should should use the formulation of "X ben Y Hamegadlo". While this formulation must be written in the Ketubah , the word "Hamegadlo" does not need to be read out loud when reading the Ketubah at the Chuppah.
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