Introduction to Kesuba: Difference between revisions
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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 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 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> | ||
==Is Kesubah Deoraisa or Derabanan== | ==Is Kesubah Deoraisa or Derabanan== | ||
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#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> | #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. | #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> | ||
==Printed Ketubah== | ==Printed Ketubah== | ||
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===Predating the Ketubah=== | ===Predating the Ketubah=== | ||
#Many have the practice to sign the Ketubah before the kiddushin at the Chatan's tisch. However, some sign it underneath the chuppah. <ref>Rav Ovadia Yosef (Sova Semachot 1:5:12) </ref> | #Many have the practice to sign the Ketubah before the kiddushin at the Chatan's tisch. However, some sign it underneath the chuppah.<ref>Rav Ovadia Yosef (Sova Semachot 1:5:12) </ref> | ||
#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<ref>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. </ref>, while others reject such a ketubah.<ref>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. | #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<ref>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. </ref>, while others reject such a ketubah.<ref>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. | ||
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"יוסף '''דמתקרי ג'ו''' בן יהודה" </ref> This is true even if the Hebrew names are not commonly used. If the person does not know or his/her Hebrew name, the English name may be written in Hebrew per transliteration conventions.<ref>Rav Moshe Feinstein (Even HaEzer 1:4) was of the opinion that one should not assign a Hebrew name to the Chatan/Kallah right before the wedding if he/she does not have one, as that is not a name that is well established with to identify the person. Using a name on a ketubah that does not adequately identify the party it is being used for renders the entire ketubah invalid. Therefore, in such a scenario, it is preferable to transliterate the person's English name into Hebrew using standard conventions. </ref> | "יוסף '''דמתקרי ג'ו''' בן יהודה" </ref> This is true even if the Hebrew names are not commonly used. If the person does not know or his/her Hebrew name, the English name may be written in Hebrew per transliteration conventions.<ref>Rav Moshe Feinstein (Even HaEzer 1:4) was of the opinion that one should not assign a Hebrew name to the Chatan/Kallah right before the wedding if he/she does not have one, as that is not a name that is well established with to identify the person. Using a name on a ketubah that does not adequately identify the party it is being used for renders the entire ketubah invalid. Therefore, in such a scenario, it is preferable to transliterate the person's English name into Hebrew using standard conventions. </ref> | ||
#If the person's first name consists of two parts (e.g. Reuven Yaakov), both parts of the name should appear on the same line each time it is written. | #If the person's first name consists of two parts (e.g. Reuven Yaakov), both parts of the name should appear on the same line each time it is written. | ||
#If the person's name is the same as a that of protagonist in Tanach, if the name is consistently spelled the same exact way throughout Tanach, that spelling should be used as the person's name, even if the person is used to spelling it differently. <ref>If there is variation (maleh or chaser) in Tanach, the person may spell his/her name the way to which he/she is accustomed if it is one of these spellings. </ref> | #If the person's name is the same as a that of protagonist in Tanach, if the name is consistently spelled the same exact way throughout Tanach, that spelling should be used as the person's name, even if the person is used to spelling it differently.<ref>If there is variation (maleh or chaser) in Tanach, the person may spell his/her name the way to which he/she is accustomed if it is one of these spellings. </ref> | ||
#In the first and last relevant places in the ketubah, the names of the Chatan and Kallah should be written as "__(Chatan/Kallah's hebrew name) ben/bat ___(father's hebrew name) L'mishpachat ___ (person's last name)" (e.g. Reuven Yaakov ben Shimon L'Mishpachat Goldberg)<ref>It is better to use this formulation instead of "Ploni ben Ploni Goldberg", as it implies that "Goldberg" is also part of the person's first name. </ref> | #In the first and last relevant places in the ketubah, the names of the Chatan and Kallah should be written as "__(Chatan/Kallah's hebrew name) ben/bat ___(father's hebrew name) L'mishpachat ___ (person's last name)" (e.g. Reuven Yaakov ben Shimon L'Mishpachat Goldberg)<ref>It is better to use this formulation instead of "Ploni ben Ploni Goldberg", as it implies that "Goldberg" is also part of the person's first name. </ref> | ||
#In all other places in the middle of the ketubah where either of their names is required, only the Chatan/Kallah's full first name is used (e.g. Reuven Yaakov). | #In all other places in the middle of the ketubah where either of their names is required, only the Chatan/Kallah's full first name is used (e.g. Reuven Yaakov). | ||
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#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).<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> | #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) | ||
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==Eidei Kesubah (Witnesses)== | ==Eidei Kesubah (Witnesses)== | ||
#The Eidim should read the kesuba themselves before they sign it. <ref>Shulchan Aruch Choshen Mishpat 45:2, Shach Siman Katan 2 </ref> | #The Eidim should read the kesuba themselves before they sign it.<ref>Shulchan Aruch Choshen Mishpat 45:2, Shach Siman Katan 2 </ref> | ||
#Some are of the opinion that while the chatan and kallah include their last names in the kesuba, the eidim do not need to do so. <ref>The Ketubah K'hilchata (8:33) cites this as the common practice and that of Rav Shlomo Zalman Auerbach. Rav Hershel Schachter is of the opinion that even the eidim should include their last names as well. </ref> | #Some are of the opinion that while the chatan and kallah include their last names in the kesuba, the eidim do not need to do so.<ref>The Ketubah K'hilchata (8:33) cites this as the common practice and that of Rav Shlomo Zalman Auerbach. Rav Hershel Schachter is of the opinion that even the eidim should include their last names as well. </ref> | ||
==What happens if the Kesuba is Misplaced?== | ==What happens if the Kesuba is Misplaced?== | ||
