[Avodah] validity of ketubahs if .....

[harveybenton at yahoo.com]

zev sero wrote (re: ketubah validity if the parties don't understand it):

It doesn't matter what they understand.   The terms of the kesuba are
binding even if there is no document at all.......

hb: the ketubah is binding (or not) on what grounds??contractual, legal, or other????

isn't a ketubah is a binding legal contract between 2 willing parties? if either or both of the parties don't understand it, why would it binding??? 
or would you classify the ketubah, and resultant marriage, something other than a binding contract (try telling that that to an aggrieved party in a nasty divorce trial, or  to a sotah on the way up to the har habayis, to possibly drink bitter
 waters.....)
 

possible side note:
 isn't the torah is
 considered (l'mashal) the ketubah between hashem and ourselves.....it promises things to be supplied from Hashem (rain, etc. ) and specifies damages to be incurred for [contractual?] non-compliance on our-part. 
Whether or not it was forced upon us, is it also not a
 legally binding contract?; subject to all provisions and obligations thereof???? or again, would you classify the torah as not a legally binding contract, but as some other sort of arrangement?.....


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