Introduction to Kesuba: Difference between revisions
From Halachipedia
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==Three parts to the Kesubah== | ==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. <ref>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_ </ref> | #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 Gerusha/Almanah. <ref>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_ </ref> | ||
#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 is okay because it works through the din of Eved K'naani<ref>f</ref> | #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 is okay because it works through the din of Eved K'naani<ref>f</ref> | ||
#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 property 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). <ref>Replace with desired reference</ref> | #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 property 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). <ref>Replace with desired reference</ref> | ||
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==The Value of the Ketubah== | ==The Value of the Ketubah== | ||
#As mentioned above, the principal value of a ketuba is 200 zuz for a Besulah and 100 for a Gerusha/Almana. The Tosefes kesuba is usually an additional 50% of the principal value.<ref>Shulchan Aruch Even HaEzer Siman 67</ref> | |||
#If the kallah is a convert, if the woman converted before the age of three years and one day, her principal kesubah is 200 zuz. If she converted after that point, it is worth 100 zuz. | |||
#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> | #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> | ||
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===Uncertain or | ===Uncertain or Unknown Lineage=== | ||
#When the father's identify is completely unknown, some are of the opinion that the father's name should be entirely left out, such that it reads, "___(child's name) L'mishpachat ___(last name)".<ref>Shu"t Minchat Asher 2:87, Mishpat HaKetubah 2:15:28</ref> Others suggest using the mother's name be written instead.<ref>See Dagul M'reravah on Hilchot Gittin</ref> | #When the father's identify is completely unknown, some are of the opinion that the father's name should be entirely left out, such that it reads, "___(child's name) L'mishpachat ___(last name)".<ref>Shu"t Minchat Asher 2:87, Mishpat HaKetubah 2:15:28</ref> Others suggest using the mother's name be written instead.<ref>See Dagul M'reravah on Hilchot Gittin</ref> | ||
#There is a question as to how to phrase the clause pertaining to the identify of the Chatan/Kallah's father when the child is adopted. If the father's identity is unknown, some recommend to leave out any mention a father in the Ketuba. Some recommend using the formulation of "___(child's name) haNikra ben/bat ___ ('''adopted''' father's name) HaMe'gadlo/HaMe'gadla (who raised him/her)". (e.g. Reuven Yaakov haNikra ben Moshe Aharon HaMe'gadlo L'Mishpachat Goldberg). | #There is a question as to how to phrase the clause pertaining to the identify of the Chatan/Kallah's father when the child is adopted. If the father's identity is unknown, some recommend to leave out any mention a father in the Ketuba. Some recommend using the formulation of "___(child's name) haNikra ben/bat ___ ('''adopted''' father's name) HaMe'gadlo/HaMe'gadla (who raised him/her)". (e.g. Reuven Yaakov haNikra ben Moshe Aharon HaMe'gadlo L'Mishpachat Goldberg).<ref>Rav Gedalya Schwartz, Av Beis Din of Beth Din of America, as quoted by [https://www.yutorah.org/sidebar/lecture.cfm/881059/rabbi-michoel-zylberman/ishus-5777-6-filling-out-a-kesubah-2/ R' Zylberman]</ref> | ||
#If the mother of the Chatan/Kallah is Jewish, but the father is known to not be Jewish, the mother's name can be written instead. In more sensitive situations, there are some who suggest writing the name of the maternal grandfather instead. <ref>The formulation of the ketuba in such a case would be, for example, Reuven Yaakov ben avi imo Yosef.</ref> | #If the mother of the Chatan/Kallah is Jewish, but the father is known to not be Jewish, the mother's name can be written instead. In more sensitive situations, there are some who suggest writing the name of the maternal grandfather instead. <ref>The formulation of the ketuba in such a case would be, for example, Reuven Yaakov ben avi imo Yosef.</ref> | ||
#If the Chatan/Kallah is a Ger/Giyoret, "ben/bat Avraham Avinu" is used instead of a father's name. (e.g. Reuven Yaakov ben Avraham Avinu) | #If the Chatan/Kallah is a Ger/Giyoret, "ben/bat Avraham Avinu" is used instead of a father's name. (e.g. Reuven Yaakov ben Avraham Avinu) | ||
#If the kallah was previously married, her status should be noted as Mitrachta instead of besulta so people should not be mistaken in thinking she is allowed to marry a Kohen.<ref>Rama, Even HaEzer 66:11</ref> | |||
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