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Writing the Ketuba

It goes without saying that the Ketuba contract, which is signed by the groom at his wedding, should be written only by a competent Rabbi with proper Halachic training. Nevertheless, it is worthwhile for everyone to be familiar with some of the basic laws and guidelines concerning the Ketuba.

One of the pieces of information that is always included in the text of the Ketuba is the name of the location where the Ketuba is signed (e.g. New York, Jerusalem, etc.). The reason why this is mentioned relates to the sum of the money to which the groom commits himself in the Ketuba. In ancient times, the value of currencies changed from one place to the next, and it was therefore vital to know where the Ketuba was signed to determine the precise value of the sum mentioned in the Ketuba.

The Shulhan Aruch (in Hoshen Mishpat 43:22) rules that if the name of the place was mistakenly omitted from the text of the Ketuba, the document is nevertheless valid. The Nahalat Shiba (Rabbi Shmuel Halevi, Poland, 17th century), by contrast, disagrees, and rules that this information must be included for the Ketuba contract to be legitimate. Nowadays, however, all authorities would agree that a Ketuba is valid even if the location was not mentioned, since the currency is written in the document and is not dependent upon different locations. If a dollar amount is stipulated in the Ketuba, for example, the value of that sum is clearly established, regardless of where the document was signed. Therefore, if a Sofer accidentally omitted the name of the city where the wedding took place, the Ketuba is nevertheless valid. It should be noted, however, that if the wrong city is written in the Ketuba, then the document is invalid, since it contains incorrect information.

The location of the Ketuba’s signing is described in the text as either an "Ir" (city) or a "Kefar" (village). It must therefore be determined whether the locale constitutes a "city" or a "village." If this cannot be definitively determined, then the place should be described with the term "Mata" – an Aramaic word that can be used generically to refer to either a city or a town.

It is customary when signing a Ketuba in one of the four holy cities in Israel – Jerusalem, Hebron, Sefat and Teberya – to refer to the city as "Ir Ha’kodesh," such as "Yerushalayim Ir Ha’kodesh," "Sefat Ir Ha’kodesh," etc. According to some authorities, including Hacham Ben Sion Abba Shaul (Israel, 1923-1998) and Rabbi Meir Mazuz (contemporary), the description "Ir Ha’kodesh" may be added to any city in Israel, as all Israeli cities and towns are endowed with sanctity. Indeed, it was the custom of Rav Povarski of the Ponevizh Yeshiva to write "Bnei-Brak Ir Ha’kodesh" when he would oversee the signing of Ketubot in the city of Bnei-Brak.

The Halachic authorities address the question of how the location should be identified if a Ketuba is written on a ship sailing in the high seas. (I personally experienced this issue when a couple on a cruise asked that I perform a wedding for them during the voyage.) The preferred practice in such a case is to write and sign the Ketuba at the port, before the ship sets sail, and to write in the Ketuba the name of the city or town where the port is situated. It should also be noted that, as mentioned above, a Ketuba is valid even if the name of the location is omitted, so if necessary, the Ketuba can be signed without mentioning the location.

(Taken from the work Mesos Hatan)

Summary: It is proper to include in the Ketuba the name of the city or town where it is signed, though if this information was omitted, the document is nevertheless valid. The text of the Ketuba must specify whether it is signed in an "Ir" (city) or "Kefar" (village); if this cannot be determined, then the generic term "Mata" should be used. The term "Ir Ha’kodesh" is added to the name of the city if the Ketuba is signed in Jerusalem, Hebron, Sefat or Teberya, and some add this title to the name of any Israeli city. If a Ketuba is signed on a ship, it should be signed at the port so that the location can be mentioned in the document.

 


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