Tens of persons have phoned the Beit Hora’ah Klalli of Yerushalayim concerned as their kesuva was destroyed in the recent fired in Israel. Couples are asking if they are permitted to return home since they no longer have a kesuva.
Someone was quick to announce a psak, that Sephardim can be lenient while for Ashkenazim there is no room for leniency.
Rosh Yeshivat Beit Hora’ah Klalli (בית הוראה כללי) HaRav Bentzion HaKohen Kook, a descendent of HaGaon HaRav Avraham Yitzchak HaKohen Kook ZT”L ruled on Monday morning 27 Cheshvan that there is room for leniency for both Ashkenazim and Sephardim and this is how rabbonim should paskin in the matter.
Rav Kook bring a Rama, who cites today there is Cherem D’Rabbeinu Gershon which does not permit compelling a wife to accept a get and this permits being lenient regarding a kesuva since divorcing her is not a light matter for him, the husband.
שבימינו – שיש חרם דרבנו גרשום האוסר לגרש אשה בעל כרחה – אפשר להקל בענין הכתובה, שהרי אינה קלה בעיניו לגרשה. כמו נושא אנוסתו שאינה צריכה כתובה כיון שאסור לגרשה בעל כרחה ואינה קלה בעיניו לגרשה ואע”פ שמסיים הרמ”א “אבל אין המנהג כן ואין לשנות” היינו שלא להקל מלכתוב כתובה בכלל, אלא רק בינתיים עד שיכתוב כתובה כשרה.
Rav Kook then refers to his sefer Peninei Nissuin (‘פניני נישואין’) where the matter is explained in greater detail among hundreds of piskei din of Maran Rav Elyashiv ZT”L.
Rav Kook adds that without a doubt one must expedite the mater of a new kesuva but there is no need for panic for until it is written a couple may reside together.
Jerusalem Chief Ashkenazi Rabbi HaGaon HaRav Aryeh Stern Shlita serves as President of Beit Hora’ah Klalli of Yerushalayim which is run by Rav Kook, who regularly responds to piskei halacha from Sephardim, Ashkenazim and others with a team of rabbonim which speaks seven languages.
(YWN – Israel Desk, Jerusalem/Photo Credit: Ariel Levi)
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6 Responses
I can’t see that there is any problem. Where a Kesuba has been lost or cannot be located, the Halacha allows for the writing of a “Kesuba D’Irchasa”. The text of such a Kesula should be known to any competent Rav who should have the text set out as a file on their computer. It can be created with a minimum fuss before two eidim. I have been present at the writing of three such Kesubos in the past years.
More often than not, common sense prevails and a way can be found to allow life to go on without disruption while still being properly deferential to halacha and minhagim. Even in the U.S., virtually all prominent rabbonim have held that in the context of a lost, stolen or destroyed ketubah, a replacement can be written with two witnesses who do not need to be the same witnesses as on the original ketubah.
Mi K’Amcha Yisrael! “Who is like your nation, Israel”.
To be sure, the financial and physical loss of these people are enormous and heartrending. And I am sure that everyone affected is in pain and wondering what the next step is. And those of means should be, and are, helping out.
But look at how the Nation of HaShem responds to such tragedy! They worry about Halacha! They go and ask Das Torah!
THIS is how Yidden act!! THIS is what Yidden do!!
What a Kiddush HaShem!!!
Gadolhadorah,
This has nothing to do with whether or not a new Kesubah can be written. The issue is whether the couple can live together before that happens.
this procedure should be easier than going to the motor vehicle division to replace a driver’s permit. it’s not like you even need a Rov. get the form, fill it out. , have two witnesses sign.
zehu
Rav Moshe Feinstein ZT”L paskened similarly