[Avodah] k'daas moshe v'yisrael; validity of ketubah contracts
David Riceman
driceman at att.net
Fri Jun 26 14:23:24 PDT 2009
harveybenton at yahoo.com wrote:
> 3. K'DAAS MOSHE V'YISRAEL: What if Daas Moshe and Daas Yisrael are not
> (nor in the past) one and the same??? Are both conditions required
> for the kinyan to take legal effect?? and if yes, in whose eyes???
> Moshe's?, Hashem's?, current Daas Yisrael?? or some combination? or
> none-of the above???
>
I once asked one of my rebbeim if someone said "kdin Torah" instead,
would he be subject to hafka'as kiddushin, and he said possibly not.
> 2. Why don't both parties have to sign a separate document (or an
> ammendment to the original document - in this case the ketubah) that
> they have either read and/or understand the contents of the ketubah,
> it's ramifications, responsibilities, potential penalties for
> non-observance, etc., or have had it explained to them in clear,
> understandable, and unequivocal terms???
>
Our mesader kiddushin had us do this.
David Riceman
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