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...
Who Performs the Pidyon Haben for a Firstborn Who Has Already Grown Up?
How Much Must One Give a Kohen for the Misva of Pidyon Haben?
Do Parents Recite a Beracha on the Occasion of the Birth of a Son?
Determining When to Perform a Pidyon Haben
Standing at a Wedding Ceremony, Berit Mila and Pidyon Ha'ben
The Sephardic Customs for Choosing a Name for a Newborn Baby
Which Mitzvah To Perform First When Multiple Mitzvot Are at Hand, including; Should A Pidyon HaBen Be Delayed Until After A Delayed Brit Milah
The Obligations and Exemptions from Eating At A Seuda of A Brit Milah
The Miracle of Birth Praised at a Brit Milah
The Complication Of Scheduling A Brit Milah For A Baby Born Via Cesarean Section Right Before Yom Kippur
Metzitza At The Brit Milah On Shabbat and The Issue of Lash
Should The Parents Name Their Newborn Boy If The Brit Milah Is Delayed Due To Sickness, and Counting 7 Full Days Until The Milah Once A Sick Baby Boy Is Healed
The Issue of Metzitza At A Brit Milah
Laws and Customs of Lag Ba’omer
Lag Ba'omer: Haircuts, Reciting She'hecheyanu, Weddings, and Listening to Music
Page of 239
3585 Halachot found