From the Rav’s Desk: Is there any issue for an Ashkenazi to use a Sephardi Kesuba?

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Question: [Wednesday, 28th Adar 2, 5782]

I am marrying a Sephardi girl and would like to know if there’s any issue with me having a Sephardi Kesuba. I am Ashkenazi.

Answer:

There is no Halachic invalidation present with you doing so, so long as you agree to obligate yourself to the details of the Sephardi Kesuba. Nonetheless, initially every individual should have a Kesuba according to his custom, being that there are subtle differences between them, and every individual should respect his custom. In the event that an Ashkenazi only discovered that he was given a Sephardi Kesuba after the wedding was over, then it is to be switched for an Ashkenazi Kesuba.

Explanation:

There are a number of subtle differences between an Ashkenazi versus Sephardi Kesuba, such as whether the word Deoraisa is to be written [as done in Ashkenazi Kesubos], as well as the sum of money that the husband is obligating himself to [which is normally more by a Sephardi Kesuba]. Now, for an Ashkenazi to use the Kesuba of a Sephardi does not contain any intrinsic invalidation, and it’s simply a matter of obligating oneself to what is usually a greater sum of money. This is only for the benefit of his future wife, and therefore there is no issue with doing so. Nonetheless, since there are certain changes from the normally accepted custom of Ashkenazi Jewry [i.e. writing Deoraisa, not doing all the Kinyanim of the Sephardi Kesuba, therefore, initially, certainly everyone is to use a Kesuba of their affiliation.

Sources: See Mishpat Hakesuba 1 p. 70; Hanesuin Behalacha Ubeagada p. 178

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

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