[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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