Replacing Kesuba in event of changed name

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Must one write a new Kesuba if he changed his name, such as in event of an illness, or due to other reasons?[1]

Some Poskim[2] rule there is no need to change anything in the Kesuba. This especially applies if the new name is not used amongst people.[3] Other Poskim[4] rule that in all cases a new Kesuba is to be written which includes the new name.[5] In all cases that a new Kesuba is written due to a change in name, it is only to be written after thirty days have passed since the new name has been added and is being actively used by people. Within the thirty days, there is no need for a new Kesuba.[6] When the new Kesuba is written one is to use the Nussach of a Kesuba Deishkach Tausa, although replace the words Deishkach Tausa with the words “Shehosifu Al Shemo.”[7] 

 

[1] Niteiy Gavriel Nissin 28/3

[2] Shevet Halevi 8/286-3; See Otzer Haposkim p. 42 in name of Ohel Avraham 67; Igros Kodesh 8/34, brought in Shulchan Menachem 6/196, that implies the name should not be written; Igros Moshe C. M. 2/70-2 that only the common name is to be written in the Kesuba if the other name is not needed; See Minchas Yitzchak 7/117 and 10/132 for a Limud Zechus not to write all the names, stating that the custom is not to write all the names by a Kesuba, unlike the laws of a Get.

[3] The reason: As there is no need to be particular by a Kesuba as by a Get. [See Minchas Yitzchak ibid; Igros Kodesh ibid] Furthermore, since the Kesuba was originally written in a Kosher method it therefore does not become invalid. [Shevet Halevi ibid] Likewise it is possible to have the witnesses verify the old names even if the name written in the Kesuba became forgotten. [Minchas Yitzchak ibid]

[4] Ohalei Sheim 2/23; Minchas Yitzchak 10/132; Shevet Halevi ibid that it is a stringency to write a new Kesuba

[5] The reason: As by a Get one must write all names that are used, including uncommon names that are used at times by people, or for an Aliyah to the Torah or as a signature, and one can use the names of a Kesuba to determine the names to write in a Get.  See Nachalas Shiva 12/16]

[6] Get Pashut 129/93; Nodah Beyehuda E.H. 88; Chasam Sofer 2/33; Mabit 2/52; Minchas Yitzchak ibid; Nitei Gavriel ibid

[7] Minchas Yitzchak ibid

 

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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