Sunday, October 14, 2007

Delayed Chupah

Rashi explains the Gemora Kesuvos (43b) according to the one that maintains that an arusah is entitled to a kesuvah, and that she may collect from the properties sold by her husband afterwards since there was a lien on his property. The Rambam, however, disagrees and holds that an arusah is never entitled to collect from the property that her husband sold, even if he wrote for her a kesuvah. This document is inferior to all other documents. Shulchan Aruch (E”H, 55:6) rules like this, as well.

There are many times that a kesuvah is written by day, but the chupah does not occur until past sunset. In order that the document should not be regarded as an “early document (if the date written is earlier than when the event took place),” it is customary for those arranging the marriage (mesader kiddushin) to have the choson make a kinyan before sunset that he is obligating himself to all that is written in the kesuvah from now. In this manner, the kesuvah will be valid.

Rav Elyashiv writes that it is preferable to draw up a new kesuvah with the later date, for according to the Rambam, the woman will not be able to collect from properties sold by the husband since a kesuvah written prior to nisuin is an inferior one.