May 28, 2017

Interesting Psak: pay attention to what you sign

an interesting case was brought before the beis din in Ariel, regarding a divorce and a fight over the kesuba.

The husband tried to get out of paying the kesuba, or at least to only pay a reduced rate. He made 2 claims:
1. the woman he married was evil, under the category of a wicked wife. That being the case, she should not deserve payment of her kesuba. He says that under the chuppa she followed the "minhag" of stepping on his foot, to show that she is in charge. After that, he says, she was very mean in general and did not perform what he considered her wifely duties (cooking, laundry, etc). she screamed and cursed and called his family members mean names.
2. the amount obligated in the kesuba was wrong.  He said she had requested, and he had agreed to, the sum of 26,000nis (1000 times the name of God). The rabbi mistakenly wrote 260,000nis. He says it went unnoticed because when the rabbi read the kesuba aloud, the rabbi only said "the sum as agreed to" and did not say the amount aloud. Had he heard the amount, he would have fixed it right away.

The beis din decided that the wife's behavior is reason for divorce, but not reason to prevent her from receiving her payment as obligated in the kesuba. Regarding the amount, basically the decision was that he signed the kesuba and obligated himself, and he should have paid better attention to what he was signing if he thinks it was mistaken.
source: Kikar and Haredim10

Basically, nothing new except the interesting story the claims are made on.
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7 comments:

  1. From a comment on this on FB:
    There are Chassidish Seforim (I think it's even brought down in the Nitei Gavriel) that quote a "Segulah" that if either the bride or the groom steps on the other's foot during the Chuppah (some specifically have right foot on left foot or vice versa) then the one who does the stepping will have "control" of the other in the marriage and always get their way in discussions--if they can get the other to do the first thing they ask after the Chuppah.

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  2. yeah sounds like a great segulah to bring into the marriage

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  3. SB, Beit ShemeshMay 29, 2017 11:39 AM

    Since when does the chassan sign the kesubah? I didn't sign mine, only the eidim did.

    Not taking away from the point that he agreed to it but saying 'he signed it and obligated himself' is inaccurate - if anything, the eidim should have paid attention that what they were signing isn't what was actually agreed, and not signed it. If they remember that he said 26,000 and they signed anyway, he might have a case against them (as well as them becoming passul l'eidus)

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    Replies
    1. perhaps they don't mean he actually signed it but that he did actually accept what it says when he made the kinyan, which it does say in the kesuba and that's what the witnesses are testifying about

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    2. I have been told that in Israel, it is common for the Groom to sign, as it's a quasi-legal document in secular courts, and not just Bet Din.

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    3. in Israel most weddings have the chasson signing on the ketuba. by sefardim especially

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  4. In Israel, the groom signs.

    Of course, the Rav should go through it with him before.

    ReplyDelete

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