DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 5.46 MB)
When Should One Date the Ketuba?

The ketuba is a shtar, and official document, and therefore it must be properly dated. What if the wedding, i.e., the huppa, is meant to take place at night, but the hatan performs a kinyan on the ketuba during the day? In this case, although the huppa is at night, the kinyan is in the day. Dating the shtar for the date of the night would be a shtar meuhar, a post dated shtar. Meaning it is dated later than when the transaction actually happened. Preferably this should not be done.

Rather, the Ben Ish Hai (Rav Pealim 3:3) and Sefer Nehar Mitzraim (Hilkhot Ketuba) record that the Sephardic custom was to date the ketuba during the day, and perform the kinyan during the day as well, even though the wedding was held at night. Since the ketuba is merely a financial obligation, and is not dependent upon the huppa, the ketuba is valid. Although R. Moshe Feinstein (Iggerot Moshe, EH 4:100) did not approve of this practice, this is indeed the common custom, as recorded by the Ben sIsh Hai and Nehar Mitzrayim.

Some claim that since the witnesses sign the ketuba which describes the kiddushin, if they sign the ketuba the day before the wedding, the ketuba appears to be forged. However, if this were to be true, almost all ketubot would be invalid, as it is customary to sign the ketuba before the wedding, not after the kiddushin. Rather, the witnesses are signing a document with the understanding that this is would will happen immanently. However, this does not invalidate the ketuba.

Summary: When a wedding is held at night, and the ketuba is signed and a kinyan is performed during the day, it is best that the date on the ketuba reflect the kinyan (i.e., the day), and not the huppa (night).

 


Recent Daily Halachot...
Must One Wash His Hands Before Eating an Oily Donut, Vegetable Soup, Cereal with Milk, or a Food Dipped in Melted Butter?
Netilat Yadayim – If a Person Forgot to Recite the Beracha Until After He Dried His Hands; a Person With a Bandage or Cast
If a Woman Cannot Remember Whether She Recited Birkat Hamazon After a Meal
Birkat Ha’Torah
Does One Recite a Beracha Aharona After Eating/Drinking Scotch, Hot Coffee, Ice Cream or Ices?
Interrupting During Birkat Hamazon
Washing One’s Hands After Bathing or Entering a Restroom
Reciting Zimun if Two Out of the Three Men Wish to Leave
Reciting Birkat Hamazon After Eating a Large Quantity of Mezonot Food
Why is There No Beracha Aharona Recited After Smelling Something Fragrant?
The Proper Procedure for Reciting Birkat Ha’re’ah
If a Person Forgot the Insertion for Shabbat or Yom Tob in the Beracha Me’en Shalosh
Reciting a Beracha with Proper Pronunciation, with Concentration and Audibly
If One Ate Two Foods Requiring a Me’en Shalosh and Boreh Nefashot
Reciting a New Beracha If More Fruit Was Unexpectedly Served
Page of 239
3585 Halachot found