web analytics
May 29, 2015 / 11 Sivan, 5775
At a Glance
Judaism
Sponsored Post


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.

Current Top Story
Prime Minister Binyamin Netanyahu.
Israel Envisions Regional Cooperation with Arab Nations
Latest Judaism Stories
Grunfeld-Raphael-logo

Why did so many of our great sages from the Rambam to Rabbi Moshe Feinstein live outside Israel?

Daf-Yomi-logo

Casting A Doubt
‘Shall We Say [They] Are Not Valid?’
(Nedarim 5a-7a)

Lessons-in-Emunah-new

I was about six years old at the time and recall that very special occasion so well.

Q-A-Klass-logo

Question: Should we wash our hands in the bathroom with soap and water, or by pouring water from a vessel with handles three times, alternating hands? I have heard it said that a vessel is used only in the morning upon awakening. What are the rules pertaining to young children? What is the protocol if no vessel is available? Additionally, may we dry our hands via an electric dryer?

Harry Koenigsberg
(Via E-Mail)

Why was Samson singled out as the only Shofet required to be a nazir from cradle to grave?

“What do you mean?” asked the secretary. “We already issued a ruling and closed the case.”

Tosafos suggests several answers as to how a minor can own an item, m’d’Oraisa.

This week’s video discusses the important connection between the Priestly Blessing and parenting.

Many of us simply don’t get the need for the Torah to list the exact same gift offering, 12 times!

There is a great debate as to whether this story actually took place or is simply a metaphor, a prophetic vision shown to Hoshea by Hashem.

Every person is presented with moments when he/she must make difficult decisions about how to proceed.

One does not necessarily share the opinions of one’s brother. One may disapprove of his actions, values, and/or beliefs. However, with brothers there is a bond of love and caring that transcends all differences.

This Shavuot let’s give G-d a gift too: Let’s make this year different by doing just 1 more mitzvah

Question: Should we wash our hands in the bathroom with soap and water, or by pouring water from a vessel with handles three times, alternating hands? I have heard it said that a vessel is used only in the morning upon awakening. What are the rules pertaining to young children? What is the protocol if […]

God and the divine origin of His Torah are facts even though we do not fully comprehend them.

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

“What do you mean?” asked the secretary. “We already issued a ruling and closed the case.”

Business-Halacha-NEW

“A person who borrowed without a written loan document, even in the presence of witnesses, is believed with a heses – rabbinic – oath to say that he repaid,”

During the course of the year, though, political events in the Persian Gulf caused the cost of gasoline to rise. Prices climbed from $2.50 a gallon to $4.00.

“There is a diamond necklace that I wear on special occasions,” Mrs. Miller told her husband. “It was recently appraised at $6,000. If need be, we can give that as collateral.”

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

“The problem is that the sum total is listed is $17,000. However, when you add the sums mentioned, it is clear that the total of $17,000 is an error. Thus, Mr. Broyer owes me $18,000, not $17,000.”

“The guiding principle regarding work terms is: hakol keminhag hamidina – everything in accordance with the common practice,” replied Rabbi Dayan.

“No, I can’t take more than $65,” protested Mrs. Fleisher. “You may not owe me more than that.”

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

Scan this QR code to visit this page online: