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Introduction to Kesuba: Difference between revisions
From Halachipedia
→The Names
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===Predating the Ketubah=== | ===Predating the Ketubah=== | ||
#Many have the practice to sign the Ketubah before the kiddushin at the | #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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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). | 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.</ref> | All of these rules also apply with spelling errors in last names or in placing nikudot underneath the letters of any names.</ref> | ||
#The general custom is to use the official names of the Chatan and Kallah and not specify any commonly used nicknames.<ref>Mishpat HaKetubah 2:14:5 | #The general custom is to use the official Hebrew names of the Chatan and Kallah and not specify any commonly used nicknames.<ref>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): | 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" </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> | ||
# | #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). | |||
#If the Chatan is a Kohen or a Levi, at the first and last mentioning of his name, the title should be added after writing in his father's name (e.g. Reuven Yaakov ben Shimon HaKohen). In the other locations, it should be mentioned after his first name (e.g. Reuven Yaakov HaKohen) <ref>Rav Moshe Feinstein (Igrot Moshe Even HaEzer 3:26) discussed a question where the father of a Kallah claimed at the time of the wedding that he was a Levi, but upon further research, discovered that his Levi status was actually more questionable that initially thought. Rav Moshe ruled that if it turns out that the father was indeed not a Levi, the Ketubah is still kosher M'ikkar HaDin, but it is recommended that a new ketubah be written and signed. </ref><ref>If the Chatan is a Chalal (the son of a Kohen who married a woman that was halachically prohibited for him to marry (e.g. a divorcee)), some of have the practice to write Reuven Shimon HaChalal ben Shimon HaKohen, or, as is recommended, to just leave out the Kohen title entirely (e.g. "Reuven Yaakov" with no title at all.</ref> | #If the Chatan is a Kohen or a Levi, at the first and last mentioning of his name, the title should be added after writing in his father's name (e.g. Reuven Yaakov ben Shimon HaKohen). In the other locations, it should be mentioned after his first name (e.g. Reuven Yaakov HaKohen) <ref>Rav Moshe Feinstein (Igrot Moshe Even HaEzer 3:26) discussed a question where the father of a Kallah claimed at the time of the wedding that he was a Levi, but upon further research, discovered that his Levi status was actually more questionable that initially thought. Rav Moshe ruled that if it turns out that the father was indeed not a Levi, the Ketubah is still kosher M'ikkar HaDin, but it is recommended that a new ketubah be written and signed. </ref><ref>If the Chatan is a Chalal (the son of a Kohen who married a woman that was halachically prohibited for him to marry (e.g. a divorcee)), some of have the practice to write Reuven Shimon HaChalal ben Shimon HaKohen, or, as is recommended, to just leave out the Kohen title entirely (e.g. "Reuven Yaakov" with no title at all.</ref> | ||
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===The Fathers' Names in the Ketubah=== | ===The Fathers' Names in the Ketubah=== | ||
#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<ref>See Dagul M'Revavah</ref>. 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)".<ref>Shu"t Minchat Asher 2:87, Mishpat HaKetubah 2:15:28. | |||
#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)".<ref>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. | 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 [http://download.yutorah.org/1982/1053/735663.pdf 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. </ref> | Rabbi Dr. Melech Schachter (father of Rav Hershel Schachter) was of the opinion, as expressed a [http://download.yutorah.org/1982/1053/735663.pdf 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. </ref> | ||
#If the mother of either the Chatan and Kallah is Jewish, but the father is not, the mother's name can be written instead. | |||
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