web analytics
October 20, 2014 / 26 Tishri, 5775
At a Glance
Judaism
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Kesubah Corrections

Business-Halacha-logo

Rabbi Dayan received a phone call from his nephew, Rabbi Federman, who had recently taken his first position as a pulpit rabbi. “Sholom aleichem,” Rabbi Dayan greeted him. “How is the new Rav managing?”

“Thank G-d, the first two months have gone well,” replied Rabbi Federman. “In two weeks I’ll be officiating as mesader kiddushin for the first time. I’d like to review the order of the wedding with you, if possible.”

“I’d be happy to,” replied Rabbi Dayan. “Officiating at the wedding is a big honor, but also a big responsibility. We can meet tomorrow evening, if you’re available.”

“That’s fine,” replied Rabbi Federman.

The following evening, Rabbi Federman came over. Rabbi Dayan reviewed with him each step of the wedding ceremony and the chuppah, one by one. When they finished, Rabbi Dayan asked: “By the way, whose wedding is it?” Rabbi Federman mentioned the names of the couple.

“We’re also invited to that wedding!” exclaimed Rabbi Dayan. “I’ll be there in any case, but I’m confident you’ll do a fine job. Just make sure that you prepare all the names and other information clearly before writing the kesubah.”

“What if I make a mistake in filling out the kesubah?” asked Rabbi Federman.

“That depends on the nature of the mistake, and when it’s caught,” answered Rabbi Dayan. “I don’t want to confuse you now, though. The best thing is to avoid the problem in the first place, especially if it’s an artistic kesubah. Just make sure you fill out the kesubah carefully!”

“Will do; thank you for your time,” said Rabbi Federman. “I’m looking forward to seeing you at the simcha!”

Two weeks later, Rabbi Federman sat in the middle of the table at the chassan’s tish, surrounded by the chassan, rabbonim and family. He filled out the kesubah, based on the draft he had prepared. He then made a kinyan sudar with the chassan and called upon the two witnesses to read and sign the kesubah.

After the witnesses had signed the kesubah, Rabbi Federman checked it one final time before proceeding with the wedding ceremony.

Suddenly, his jaw dropped. He noticed a mistake in the date!

“Just what I was afraid of,” he thought to himself. “Rabbi Dayan warned me to make sure that the kesubah was filled out carefully!”

Rabbi Federman instructed the people near him to continue singing for a few minutes. He stepped aside with Rabbi Dayan and showed him the kesubah.

“I had prepared all the information, like you said, but miscopied the date,” apologized Rabbi Federman. “Can I cross or white it out and write the new date?” he asked.

“As you know, the kesubah is a legal document that sets forth the husband’s financial obligations to his wife, particularly in the event of death or divorce,” explained Rabbi Dayan. “As such, it cannot have emendations – erasures, additions or corrections – without validating them. Emendations that are not validated are disregarded, and can sometimes even disqualify the document.” (C.M. 44:5)

“How does one validate an emendation?” asked Rabbi Federman. “Do the witnesses or the groom initial it, like on a check?”

“No. Toward the end of the kesubah, before writing hakol sharir v’kayam (‘everything is correct and valid’),” answered Rabbi Dayan, “the witnesses write that the word or phrase in question was erased or added, so that their signatures attest to the emendation, as well. Nowadays, when hakol sharir v’kayam is printed already at the end of the kesubah, it is not possible to do this, and one should avoid writing hakol sharir v’kayam twice before the signatures.” (C.M. 44:9)

“What can be done, then,” asked Rabbi Federman, “especially now that the witnesses already signed the kesubah?”

“It is still possible to write the validation following the signatures,” replied Rabbi Dayan. “Conclude the validation with hakol sharir v’kayam again and have the same witnesses sign a second time. Ideally, the validation should be in the same writing as the rest of the document.” (C.M. 44:7,11; See Pischei Choshen, Ishus, p. 517)

“You mentioned that sometimes a mistake can disqualify the document if not corrected,” noted Rabbi Federman. “When is that?”

“If the mistake is with one of the essential parts of the document, such as the names of the groom or bride, it would disqualify the document if not validated,” answered Rabbi Dayan. “If the mistake was about the date, it would be considered a document without a date; some disqualify the document. [See Pischei Teshuvah 44:1] In these cases it is preferable to write a new kesubah. If this is difficult, though, or if the kesubah is an especially prepared artistic one, it is possible to rely on the validation and second signature.” (Hanisuim K’hilchasam 11:186-188)

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Kesubah Corrections”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Aerial view of Yemenite Village of HaShiloach, Old City of Jerusalem and Mt. of Olives.
Jews to Double Presence in Old Yemenite Village of Shiloach, Silwan
Latest Judaism Stories
God-and the world

The creation of the world is described twice. Each description serves a unique purpose.

Questions-Answers-logo

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

Lessons-in-Emunah-new

To the surprise of our protectzia-invested acquaintances, my family has thrived in our daled amos without that amenity, b’ezras Hashem.

Business-Halacha-logo

Shimon started adjusting the branches on the roof. In doing so, a branch fell off the other side of the car and hit the side-view mirror, cracking it.

I, the one who is housed inside this body, am completely and utterly spiritual.

Should we sit in the sukkah on a day that may be the eighth day when we are not commanded to sit in the sukkah at all?

For Appearance’s Sake
‘Shammai Did Not Follow Their Own Ruling’
(Yevamos 13b 14a)

If one hurts another human being, God is hurt; if one brings joy to another, God is more joyous.

I’m grateful to Hashem for everything; Just the same, I’d love a joyous Yom Tov without aggravation.

Bereshit: Life includes hard choices that challenge our decisions, leaving lingering complications.

Rabbi Fohrman:” Great evils are often wrought by those who are blithely unaware of the power they wield.”

The emphasis on choice, freedom and responsibility is a most distinctive features of Jewish thought.

The Torah emphasizes the joy of Sukkot, for after a season of labor, we celebrate our prosperity.

The encounter with the timeless stability of the divine occurs within the Sukkot.

Hashem created all human beings and it should sadden us when Hashem, their Father, does not see nachas from them.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

Shimon started adjusting the branches on the roof. In doing so, a branch fell off the other side of the car and hit the side-view mirror, cracking it.

Business-Halacha-logo

Some seforim on a nearby bookcase toppled over and knocked the esrog out of Lev’s hand. It fell to the ground and a piece broke off.

Mr. Fisher contacted Rabbi Dayan. “Am I allowed to use money of ma’aser kesafim to pay the shul for an aliyah that I bought?” he asked.

Rabbi Dayan took a challah and some cooked eggs. He then called over his 15-year-old son, Aharon. “Could you please ask your friend Chaim from next door to come over and help me with the eruv tavshilin?”

When the Kleins returned, however, they were dismayed to see that the renters did a poor job cleaning up after themselves.

“Tony said that the code in most places in the U.S. is at least 36 inches for a residential guardrail,” replied Mr. Braun. “Some make it higher, 42, or even 52 inches for high porches. What is the required height according to halacha?”

“The Torah states in Parshat Ki-Teitzei: ‘If you build a new house, you shall make a fence for your roof. I think it’s your responsibility.”

On Friday afternoon, Dov called Kalman. “Please make sure to return the keys for the car on Motzaei Shabbos,” he said. “We have a bris on Sunday morning and we’re all going. We also need the roof luggage bag.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/kesubah-corrections/2013/01/04/

Scan this QR code to visit this page online: