[Avodah] kesuvah

Micha Berger micha at aishdas.org
Thu Jul 12 14:35:29 PDT 2007


On Mon, July 9, 2007 12:21 pm, M Cohen wrote:
: does anyone have any maareh m'komos or insights into the current
: minhag not
: to pay kesuvah?
: (the minhag in EY may be different)

In dinei mamunus, norms often trump the letter of choshein mishpat.
Whether because hamotzi meichaveiro, or the other was implicitly
mocheil by never expecting more, hefqeir BD, or the power of tov'ei
ha'ir...

For example, when selling chameitz, after all the traditional qinyanim
are performed, one closes with a handshake. Because in our lands,
that's how deals are closed.

And so, I am unsurprised that the norm is to look to the "halachic
will" or local inheritance law rather than the words of the kesuvah.
(I am assuming the alternative would have been to make it in
addition.)

Tir'u baTov!
-mi

-- 
Micha Berger             Spirituality is like a bird: if you tighten
micha at aishdas.org        your grip on it, it chokes; slacken your grip,
http://www.aishdas.org   and it flies away.
Fax: (270) 514-1507                            - Rav Yisrael Salanter




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