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Shabbat Parashat Emor| 5763

Pninat Mishpat



The Dating of a Ketuba -Part I
 
 A ketuba is a serious document, which should be written carefully to assure its validity and preciseness. However, we are not nearly as careful about the spelling of names and places as we are by a get, where mistakes could raise questions about the status of the entire divorce. By a ketuba, its viability in beit din is the main issue.
 A detail of particular concern, specifically by a ketuba, is its date. This stems from the technical fact that many weddings take place close to the time of nightfall (the new Jewish day). We will discuss problems this week and solutions next week.
 A pre-dated monetary document (including a ketuba) is invalid even if both sides to the agreement agree to the pre-dating. This is because the document’s recipient (the wife) can claim property which was sold by the one whom the document obligates (the husband) as payment based on the concept of shibud (lien). This applies only to property which was still in the husband’s possession at the time of the obligation, not those he sold previously. Usually, the husband becomes obligated at the time of the chupah. If the ketuba is pre-dated, even by a day (because the chupah was delayed until after nightfall), the ketuba will contain erroneous evidence of a stronger lien than is true, and it will be an invalid document.
 If the ketuba is dated for the night (and the chupah, miraculously, is earlier than expected) there is an issue that until the ketuba takes effect (based on its date), the couple is, in effect, married without a ketuba, which, we have seen, is a problem.
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Dedication

This edition of Hemdat Yamim is
dedicated to the memory of R’ Meir  ben
Yechezkel Shraga Brachfeld o.b.m.

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