In their 32-page psak din, dayanim serving on the Jerusalem Beis Din have instructed relevant rabbonim to amend kesubos to reflect a significant lower sum for the kesuva in line with the actions of gedolei yisrael in the past. They are instructed not to write a sum exceeding NIS 1 million.
Dayanim Shlita Rabbi Oriel Lavie (Av Beis Din), Rabbi Shlomo Tam and Rabbi David Malka adjudicated the case in which a woman demanded NIS 555,555 for her kesuva. In this case, the husband left the home and filed for divorce. During the case the woman agreed to accept a ‘get’ pending the payment of the sum demanded, as it is written in her kesuva. Her husband however explained to the beis din the sum written is not a serious one, but written under the chupah to “prevent ayin hora” as well as “to respect her” but he never had any intention of paying such an amount should the need arise.
Each dayan wrote a lengthy psak, which is included in the beis din’s 32-page ruling. One wrote the amount written is the amount the chosson is compelled to pay. The second dayan wrote the amount written, NIS 555,000 is nothing more than an ‘Asmachta’ (“אסמכתא”) and therefore, he does not have to pay it. The third wrote in cases in which the sum written is an exaggeration, the chosson should not be compelled to pay the entire sum. He calls from setting takonos into place as gedolim of past generations have done to avoid such situations.
This case aside, the dayanim turned to their colleagues asking them to refrain from inserting unrealistic sums into a kesuva. The psak quotes the head of the batei din in Morocco 200 years ago, Rabi Shaul Eben Denan stating the minhag has become to insert unreasonably high sums and this has led to making a mockery of the kesuva for clearly persons without means have no intention of ever paying such a sum. Hence, the rabbonim in Morocco set takonos in place to prevent this.
In the case mentioned above, the kesuva in which the sum NIS 555,555 was written, the dayanim ruled the husband must pay NIS 120,000 in a two to one ruling. The minority view called on the husband to pay the entire amount written in the kesuva.
The actual 32-page psak halacha may be viewed in the attached PDF document.
(YWN – Israel Desk, Jerusalem)
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One Response
actually this problem exists only according to sefardi minhag.
by ashkenezim there is a set amount of 100 zuz m’doraisa and 100 zuz m’drabonun for a besula. and 50 plus 50 for an almona,grusha, or giores.