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Introduction to Kesuba: Difference between revisions
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→Making the Kinyan
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# The minhag is to make a kinyan chalipin for the obligations in a kesubah.<ref>Chomat Mishpat v. 1 p. 77</ref> This is done by having one of the witnesses or someone else who is acting on behalf of the kallah, such as the mesader kiddushin, give a kli (utensil) that is fit to be used to the chatan who then raises it up. This act causes the chatan to become obligated to fulfill his obligations as outlined in the kesuba.<ref>Chomat Mishpat v. 1 p. 77</ref> | # The minhag is to make a kinyan chalipin for the obligations in a kesubah.<ref>Chomat Mishpat v. 1 p. 77</ref> This is done by having one of the witnesses or someone else who is acting on behalf of the kallah, such as the mesader kiddushin, give a kli (utensil) that is fit to be used to the chatan who then raises it up. This act causes the chatan to become obligated to fulfill his obligations as outlined in the kesuba.<ref>Chomat Mishpat v. 1 p. 77</ref> | ||
# The minhag is to use a | # The minhag is to use a handkerchief for kinyan chalipin, but really it is perfectly acceptable to use any utensil. If a cloth or handkerchief is being used, it must be at least 3 by 3 etzbaot. It is not necessary for it to be 3 x 3 tefachim, irrelevant of the material it is made out of.<ref>Shulchan Aruch C.M. 195:4. Rav Yitzchak Elchanan Spector (Bear Yitzchak CM 5:2) raises an issue that perhaps this measure of 3x3 etzbaot is only sufficient if the garment is made out of wool or linen, but other materials must be 3x3 tefachim since those are the measurements that are found regarding tumah for the cloth to be considered a kli. However, Rav Yitzchak Elchanan concludes that it is a kli for the purposes of chalipin even though it is not a kli for the purposes of tumah, as long as it is of requisite size of 3x3 etzbaot. Pitchei Teshuva 195:3 quotes this. Aruch Hashulchan 195:5 and Pitchei Choshen (Kinyanim 7:4 fnt. 13) agree. The Radziner ([https://www.hebrewbooks.org/pdfpager.aspx?req=20463&st=&pgnum=507 Sidrei Taharot Kelim 248b]) has another approach to this question but with the same practical conclusion. He argues that the rules of chalipin and tumah are equated, but nonetheless 3x3 etzbaot suffices since a person can make a garment accept tumah once he actively uses it. Since doing a chalipin is a function of the garment, using it for the symbol transaction it thereby demonstrates that it indeed is a kli.</ref> For this reason a standard handkerchief is acceptable but a gartel is not acceptable for chalipin since it is too thin.<ref>Chomat Mishpat v. 1 p. 77. Interestingly, Pitchei Choshen (Kinyanim 7:4 fnt. 13) would allow using a gartel since he writes that a whole garment is automatically considered a kli even if it isn't the requisite measure of 3x3 etzbaot. He even writes that a certain gadol was careful not to use a garment that was thinner than 3 etzbaot, but he doesn't understand why there is any reason to be stringent. However, Morasha v. 3 p. 256 notes that this is a great nuance of the Pitchei Choshen, and Chomat Mishpat disagrees with Pitchei Choshen and disqualifies a gartel for chalipin. </ref> | ||
==Eidei Kesubah (Witnesses)== | ==Eidei Kesubah (Witnesses)== | ||
