What to do if the Kesuba tore

Question:
I was going through a number of old important files and came across my kesuba, which I intended to keep together with them. As I was sorting through my important documents—organizing bills, contracts, and certificates at my desk—I placed my kesuba together with the rest of the papers. When I tried to separate the stack, the edge of the kesuba must have caught on something, and to my dismay, it suddenly tore. Do I need to get a new kesuba, and does it help if I simply tape it up?

Answer:
The validity of the Kesuba may be compromised depending on the nature of the tear, in which case even taping it will not rectify the issue. Accordingly, it is advisable to consult with a Dayan or a Rav who possesses expertise in this area of Halacha—since not all Rabbis who officiate weddings are knowledgeable in these matters. By sending a picture of the Kesuba, they can assess whether a new document is required and determine which type of replacement Kesuba should be prepared (e.g., Deirkisa, Deishkach Bah Tausa, Deis Bah Tosefes, etc.), or if merely taping the back will suffice.

Explanation:

A torn kesuba may be invalid depending on where and how the tear occurred just as we rule in Choshen Mishpat regarding all loan documents. If the kesuba is found to be invalid, it cannot be collected upon, and a new kesuba must be promptly prepared for the couple.

Now, the principal criterion for assessing the invalidity of a document because of a tear rests on whether the tear was deliberate—intended to void the document due to settlement or forgiveness—or occurred inadvertently. How do we determine this? By examining the type and location of the tear:

The Tzemach Tzedek wrote a lengthy teshuva (responsum) on this matter, explaining the various opinions and approaches regarding what type of tear invalidates the document. Practically, if the tear is in a manner similar to what a Beis Din does when collecting a kesuba or other loan document—known as karua Beis Din—which is typically near the area of the witnesses, the date, and the main text (nusah), then it is considered invalid. Likewise, if the tear is both horizontal and vertical, or if it appears to have been cut with a knife or forcibly torn into two pieces, the kesuba is invalid. Simply taping it up does not restore its validity in these cases.

However, if the tear is in a different area, it is possible that it was torn by mistake, and the document may remain valid.

Regarding taping:

Taping a torn kesuba makes no difference halachically. If the tear rendered it invalid, taping—even if it hides the tear completely—does not restore validity. If the kesuba remains valid despite the tear (as explained above), taping is permitted simply to prevent further tearing.

Sources:

See regarding the invalidation of a torn document: Michaber and Rama E.H. 125:62; C.M. 52:1; Taz 52; Smeh 52:8; Bava Basra 168b; Tzemach Tzedek C.M. 9; Chedvas Yaakov Tinyana 52; Maharam Alshich 74

See regarding the status of a torn Kesuba: Shut Rivash 383; 317; Mishpat Hakesuba [Bar Shalom] Chapter 67 [Volume 7 p. 451]; Kesuba Kehilchasa p. 300 for a Teshuvah of Shevet Halevi that since the husband and wife admit to the Chov, it remains valid to collect from even if torn Kera Beis Din, even though it is Pasul. Likewise, if torn in Makom Hatoref due to wear and tear it is valid

See regarding taping the Kesuba back up: Maharam Alshich 40; Get Pashut 125:102; Avnei Eiphod 125:13; Mishpat Hakesuba 67:9; Kesuba Kehilchasa p. 300 for a Teshuvah of Shevet Halevi that if torn in valid area, then it may be taped

See regarding what replacement Kesuba should be written: Mishpat Hakesuba 65-66 and 69; 67:12 and 71:3-6; Kesuba Kehilchasa p. 300 for a Teshuvah of Shevet Halevi that when needed, a Kesuba Deishkach Tausa should be written

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