דף נושא: כתובה

[A man] must write a marriage contract (a ketubah) [for his wife] before their entry into the chuppah; only afterwards is he permitted to live with his wife. The groom pays the scribe's fee.How much does [the marriage contract require him to promise to have paid to her in the event of his death or his divorcing her]? If the bride is a virgin, no less than 200 dinarim. If she is not a virgin, no less than 100 dinarim. This amount is called the fundamental requirement of the ketubah.If the groom desires to add to this amount he may, [promising any sum,] even a talent of gold. The laws pertaining to this addition and to the fundamental requirement of the ketubah are the same with regard to most matters. Therefore, every time the term ketubah is used without any additional explanation, it should be understood to include the fundamental requirement of the ketubah together with the additional amount [promised by the groom].It was our Sages who ordained the requirement of [writing] a ketubah for a woman. [They instituted this obligation] so that it would not be a casual matter for [her husband] to divorce her.

With regard to a virgin, her marriage contract is two hundred dinars, and with regard to a widow, her marriage contract is one hundred dinars. With regard to a virgin who is a widow, a divorcée, or a ḥalutza who achieved that status from a state of betrothal, before marriage and before consummation of the marriage, for all of these their marriage contract is two hundred dinars, and they are subject to a claim concerning their virginity, as their presumptive status of virginity is intact. With regard to a female convert, or a captive woman, or a maidservant, who were ransomed with regard to the captive, or who converted with regard to the convert, or who were freed with regard to the maidservant, when they were less than three years and one day old, their marriage contract is two hundred dinars, as their presumptive status is that of a virgin. Even if they were subject to intercourse when they were younger than that age, the hymen remains intact. And they are subject to a claim concerning their virginity.

If [a husband] wrote [his wife] a ketubah and it became lost or destroyed, specifically if it was written: I accept [the payment of] my ketubah, [the husband] is required to write a new one because it is forbidden for a man to delay with his wife for a single hour without a ketubah. Rem"a: If the militia overtakes a city, or [the people] were exiled from the city, and the women lost their ketubah [documents], new ketubahs are required even though the claim could be made that they may yet find their [old] ketubot afterwards ketubahs, or they will be returned. Nevertheless, once the ketubah is presumed lost [because of such a situation], another one is required. And if the sum for the ketubah is not known, if some [ketubahs] remain, we go according to [their sums]. And if not, we judge them according to the elders of the city, and according to custom, the wealthy according to his wealth, and the destitute according to his destitution (Bet Yosef in the name of the Responsa of the Geonim). And when the ketubah is lost and he came to write for her another ketubah, he needs to write for her a ketubah as large as the original. (Maharik Shoresh 116). And look later at siman 187, and in the place that they only divorce according to the will of the woman, he does not need to write a ketubah; if so, in our time in our lands, that they do not divorce the woman by force because of the ban of Rabbenu Gershom, and it is like what was explained later in siman 119, it was possible to be lenient in the writing of the ketubah but this is not the custom, and it should not be changed (this is his own opinion).

(1) Another interpretation (of Numb. 1:1-2): THEN THE LORD SPOKE UNTO MOSES IN THE SINAI DESERT…. This text is related (to Ps. 147:20): HE HAS NOT DONE SO FOR ANY NATION…., and also (to Ps. 148:14): HE HAS RAISED UP A HORN FOR HIS PEOPLE, PRAISE FOR ALL HIS SAINTS. is comparable to a king who took first wife and did not write her a marriage contract. He divorced her and did not give her a bill of divorce. He did the same for the second and for the third, in that he did not write them either a marriage contract or a bill of divorce. {He did not act. However,} [In due time] when he saw a certain poor orphan, a woman of noble ancestry, he wanted to marry her. He said to his shoshevin (i.e., to his best man): Do not behave with her as with the previous ones. This is a woman of noble ancestry. She is modest in her actions and worthy. Write her a marriage contract in which week, in which year, in which month, on what day of the month, in which province, just as it is written in Esther (2:16): SO ESTHER WAS TAKEN UNTO KING AHASUERUS, UNTO HIS ROYAL PALACE IN THE TENTH MONTH, WHICH IS THE MONTH OF TEBETH, IN THE SEVENTH YEAR OF HIS REIGN. Thus the Omnipotent created the generation of the flood and did not write down when he created them. He removed them from the world and did not write down when he removed them. It is simply (in Gen. 7:11): ON THAT DAY ALL THE SPRINGS OF THE GREAT ABYSS BURST FORTH AND THE WINDOWS OF THE HEAVENS WERE OPENED. Moreover, it was similar for the generation of the dispersion (Gen. 10:1-9); [similar for the Sodomites;] and similar for the Egyptians. For them it is not written either when they were created or when they died. {He did not act. However,} When Israel arose, the Holy One said to Moses: I will not behave with these as with those previous ones. These are people of noble ancestry, descendants from Abraham, Isaac, and Jacob. It is there written for them in which month, on what day of the month, in which year, in which province, in which metropolis I raised up their horn and gave them a head held high. It is therefore stated (in Numb. 1:1): THEN THE LORD SPOKE UNTO MOSES IN THE SINAI DESERT, i.e., the province, IN THE TENT OF MEETING, i.e., the metropolis. In which year? (Ibid., cont.:) IN THE SECOND YEAR. In which month? (Ibid., cont.:) IN THE SECOND MONTH. On what day of the month? (Ibid., cont.:) ON THE FIRST DAY OF THE MONTH. (Ibid., cont.:) [AFTER THEIR EXODUS FROM THE LAND OF EGYPT,] i.e, the era. Why (in vs. 2) TAKE A CENSUS (literally: RAISE THE HEAD) OF THE WHOLE CONGREGATION OF THE CHILDREN OF ISRAEL…. To fulfill what is stated (in Ps. 147:20): HE HAS NOT DONE SO FOR ANY NATION…. What did he do? (Ps. 148:14): HE HAS RAISED UP A HORN FOR HIS PEOPLE, PRAISE FOR ALL HIS SAINTS, EVEN THE CHILDREN OF ISRAEL, A PEOPLE NEAR TO HIM. HALLELUJAH.