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...
If One Counted the Wrong Day of the Omer, or Had the Wrong Day in Mind While Reciting the Beracha
Praying for the Bet Hamikdash After Counting the Omer
Reciting “Lamenase’ah Binginot” After Birkat Kohanim During the Omer Period
Buying New Clothes or Other Items During the Omer
Omer- In The Event A Person Knows He Will Be Unable To Count The Omer
When are Haircuts Allowed During the Omer?
Sefirat Ha’omer – Guidelines For One Who Travels to a Different Time Zone
Omer, The Sefira Period – Reciting She'he'hiyanu, Purchasing New Garments, Moving into a New Home, Renovating, and Hosting an Engagement Party
Sefirat Ha'omer – Reciting the Beracha Only After Determining Which Number to Count
Omer- May One Count the Omer with a Beracha After Correcting Somebody's Erroneous Counting?
If a Person Remembered to Count the Omer Only During Ben Ha'shemashot
Sefirat HaOmer- Can One Fulfill the Obligation of Sefirat Ha’omer by Listening to the Hazan’s Counting?
Sefirat Ha'omer – May a Person Count the Omer for Friday if He Had Already Recited Arbit?
Sefirat HaOmer- May One Count the Omer with a Beracha After Asking, "Is Today Such-and-Such Day"?
The Chazan's Counting of the Omer
Page of 239
3585 Halachot found