This case of the error in the kesuva has made the news in Israel, involving a couple that is parting after ten years of marriage. What makes the case unique is the fact that the husband distinctly remembers the amount in the kesuva, “three times chai thousand, 18,000 NIS,” but now that they are involved in a divorce, a check of the kesuva shows the rav wrote 540,000 NIS. The husband insists he agreed to 54,000 NIS, not the sum that appears.
The parties used a wedding video of the kesuva ceremony to see what took place since not only is it written 540,000 NIS in numbers, but in words too. This removes the ability to say “it was just an extra zero which was unintended”.
When one views the video one can hear clearly that the rav asked the chosson, who responded 54,000 NIS. The mesader keddushin, Rabbi David Abuchatzera, who has been performing weddings for over 20 years, wrote 540,000 however. The chosson did not pay attention and they were married with the kesuva and the wife is now demanding the sum, 540,000 NIS.
The attorney for the husband is now arguing מקח טעות, that the kesuva was invalid from the beginning.
Rabbi Abuchatzera told the news that he never writes an amount that is not first agreed to by the chosson and the father of the kallah, but added mistakes do occur.
See the Channel 2 News report:
(YWN – Israel Desk, Jerusalem)
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3 Responses
Wow, how we must check, recheck and triple check.
If the k’suba is a mekach taous isn’t the whole marriage a mekach taous? In that case she she may not need a Get & he doesn’t have to pay her anything!! (They both have to do T’shuva for “living in sin” for 10 years)
I don’t see the problem. Just don’t give a get until she agrees to be mochel it down the appropriate 54k.