CCAR RESPONSA
New American Reform Responsa
226. Error in the Hebrew Date
QUESTION: A couple has recently reviewed their ketubah with someone who knows Hebrew well. He immediately noticed an error in the date of the wedding. The Hebrew year has been given incorrectly. They would like to have a correct ketubah, but the original witnesses to their marriage are dead. So, they do not know whether they can simply correct the one which they have, or should they have a new ketubah written with different witnesses. (Kathy Hurwitz, Charleston SC)ANSWER: Although the modern ketubah is enforceable as a legal document in some jurisdictions, it remains primarily a religious document symbolic of tradition. The nominal sum of money stipulated bears no relationship to any agreement; it is reminiscent of the ancient dowries. So the figures provided in a ketubah are not relevant. The only thing which is important are the two witnesses who must be adults Jews and not related to each other or to the bride or groom. The other data provided by the wedding document especially after a couple has been married for a considerable length of time may be significant to the family, but from a halakhic point of view are not important. This is different from a traditional get. In that divorce document the names of the parties and the city must be correct, etc., but in a ketubah if a name of a town is misspelled or the name of the bride and groom are not quite correct, the couple nevertheless are properly married. The reason for this is that marriage can occur in three different ways: (a) The most common form featured a deed witnessed by two competent individuals and handed by the groom to the bride (Kid 9a; Shulhan Arukh, Even Haezer 32.1-4). This has remained the essential covenant of the modern wedding. The document is the modern ketubah signed by two witnesses. (b) In addition, it was possible to effect a marriage through the transfer of an item of value (kesef) in the presence of two competent witnesses. This remains as part of the modern wedding in the form of presenting a ring with the formula “harei at mequdeshet…” (Kid 2a, b; Shulhan Arukh, Even Haezer 27.1). (c) Finally, marriage can be effected through intercourse (biah) preceded by a statement indicating the wish to take this woman as wife in the presence of two witnesses who saw the couple leave for a private place (Kid 9b; Shulhan Arukh, Even Haezer 33.1). The last method was severely frowned upon by the rabbis, but, bediavad, it is valid. Marriage simply through intercourse with proper intent would be akin to “common law” marriage. The ketubah, therefore, represents only one of those possibilities and in this case all the others have also clearly taken place. Even if the date is wrong, as you have stated, the couple has been married for many years. It may be historically interesting to note that they have been married thirty instead of twenty-nine years as indicated in the Hebrew dating of the document, but for halakhic purposes that is not important, especially as you indicated that children were born late in this marriage. Even on their account the Hebrew date would be irrelevant and could be shown as wrong when compared to the English date on the ketubah as well as on the secular wedding certificate. The couple may either change the document itself, add an addendum to it, or leave it as it is. Nothing needs to be done.January 1991
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