Intereting psak: Fire victims and spouses living together or separating

A married woman has to have her kesuba in her possession at all times, or at least know where it is.. if she loses it, the married couple cannot live together until they write a new kesuba.

The recent fires in various parts of the country have created a problem for many relationships.. according to some rabbis.

According to the Rabbanut, specifically Rav Mordechai Avramosky, rav of Zichron Yaakov and responsible for signing marriage certificates for the Haifa region, hundreds of couples who's houses were destroyed in the fires, along with their ketubot, will be living in sin until they write new ones.

There is a difference between Sefardic couples and Ashkenazic couples. The problem stated above is specifically relevant to Ashkenazic couples, but sefardim are ok as Rav Ovadia Yosef has paskened in the past that becuse today the Rabbanut keeps a copy of every kesuba in its archives, they should get a new one but are not living in sin without it. , .

Personally I am not sure why Rav Ovadia's psak is being used only for bnei sefard and not bnei ashkenaz. It is not a difference between the Rama and Bet Yosef, but he is ruling based on the existence of the kesuba in the Rabbanut archives, and that should be good enough for ashkenazim as well, but that's what Rav Avromosky said.

However, other rabbonim have disagreed with Rav Avromosky. Rav Elyashiv Knohl says that we can definitely rely on the Rabbanut copy for at least a short period of time, giving them a grace period to write a new kesuba.

Rav Bentzion Kook, a rosh kollel in Jerusalem, has also paskened that ashkenazim and sefardim can be treated the same in this situation. Rav Kook's reasoning is that the Rema paskens that because nwoadays we are limited by the "cherem drabbeinu gershom", one can be lenient regarding the kesuba, as it is not easy to divorce a woman any longer, which is what the ketuba was meant to protect against. And even though the minhag is not to just drop the kesuba but we do write them as we always did, it is enough to rely on, even ashkenazim, for this situation for a period of time until they can write new ones.

Others weighing in on this issue were Rav Moshe Shternbuch who said that affected couples have to at least make a new kinyan immediately in front of witnesses as to the obligations in the kesuba and the Rabbanut copy is not enough. Until the kinyan is made, the husband and wife cannot live together.

Rav Tzion Buaron paskened about a case form neve Tzuf that it is not urgent to rewrite the kesuba because the Rabbanut holds a copy, and there is no difference between sefardim and ashkenazim. Rav Buaron adds that because of the above stated Rema the ashkenazim are in an even better situation than Sefardim who do not adhere to the "cherem drabbeinu gershom" rules. He did say that a new kesuba needs to be written, but they dont need to rush to do it right away.

Rav Yitzchak Yosef, the Chief Rabbi of Israel, also says it is not a problem that needs to be dealt with urgently, for all the reasons mentioned above, and while a new kesuba should be written, there is no need for panic and can continue to live together until it is written. Rav Yosef seems to not have differentiated between sefardim and ashkneazm and even mentioned cherem drabbeinu gershom as a reason, making it seem clear that it is for ashkenazim as well.

sources: Kikar, Kipa, Kipa, Kikar, Kikar, Kikar

I would like to see rabbonim from the Rabbanut, and other rabbonim, do more than just pasken publicly for these couples who are dealing with having lost everything and having to deal with a lot right now. I would like to see them making an effort to actually help these families get new kesubas. Set up a shop for a few hours a day with a group of rabbonim, where these affected couple can come and get their kesubas rewritten. Don't just throw anothe rburden on their heads and give them another thing to worry about, but actually go help them take care of it.

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