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...
Koser – Detaching Vegetation on Shabbat
Shabbat – Wearing Fine Clothes; Greeting the Shabbat When Reciting “Bo’i Kalla”
Placing a Lemon in Hot Water on Shabbat
May a Hotel Guest Drink Coffee That Was Prepared on Shabbat?
If One Realizes There is Something in His Pocket While Walking Outside on Shabbat
Asking a Gentile to Turn Off an Alarm on Shabbat
"Amira Le'nochri" – Asking a Gentile to Perform Melacha on Shabbat
Looking in a Mirror on Shabbat
Hiring a Non-Jew for Agricultural Work on Shabbat
Borer – Pouring Out the Liquid From Yoghurt Container or a Can of Olives
Laws of Borer That Apply When Preparing and Eating a Vegetable Salad
Borer – How Long Before a Meal May One Separate Foods?
Borer- Peeling Onions, Garlic and Fruits on Shabbat
Is it Permissible to Remove the Bones While Eating Fish on Shabbat?
Peeling Fruits and Vegetables on Shabbat and Yom Tob
Page of 239
3585 Halachot found