The Honor Of Reading The Kesubah
‘Witnesses Sign Only After Reading…’
(Kesubos 109a)
As part of the wedding ceremony, two people serve as witnesses to the kesubah, in which the chasan accepts upon himself several monetary and marital obligations towards his wife.
Do Witnesses Read the Kesubah?
In practice, most witnesses nowadays do not actually read the kesubah before they sign it. How can we justify this practice, though, in light of our Gemara, which states: “Witnesses do not sign on a document unless they have read it”?
The Document Is Read for Them
The Gemara (Gittin 19b) tells us that the witnesses need not read the document themselves. It is enough for someone else to read it to them.
This rule, however, only holds true in cases where the person reading the document fears the people he is reading it for and thus would not dare lie. We find this law stated in Shulchan Aruch (Choshen Mishpat 45:2) concerning verifying documents in beis din: “If the head of the beis din knows where the document is from, his clerk may read it for him. Since he trusts the clerk, and the clerk is fearful of his superior, he may sign the document even though he did not read it himself. No one else may sign a document unless he reads it word by word.”
Reading the Kesubah under the Chuppah
One reason why witnesses at a chasunah often do not read the kesubah before signing is because they rely on the custom to honor a guest to read the kesubah out loud under the chuppah. The person reading it will certainly not dare to deceive the witnesses by misreading the kesubah since there is an audience of guests present, many of whom are listening carefully.
This reason is cited by the Ravya (4:819) and other Rishonim (see Kesuba K’Hilchasa: Shvivei Eish 4, p. 81). The Hagahos Ashri (Gittin, ch. 2) writes similarly that witnesses need not listen as the kesubah is read. It is enough that the contents of the kesubah are publicized, and the witnesses can confidently sign something that is common knowledge.
But many witnesses sign the kesubah before it is read under the chuppah. How is this permitted?
Standardized Kesubos
Kesuba K’Hilchasa (ibid) explains that today there is a standard formula for all kesubos. The witnesses can therefore rely on the assumption that the kesubah they’re sign is identical to all other kesubos. They need only ascertain that the names of the chasan and kallah, and the date of the kesubah, are correct. Among Ashkenazim, there is no difference between one kesubah and the next. Even the tosefes kesubah, which is optional, has a standard amount.
If there is any unique detail of the kesubah, though, the presiding rav must inform the witnesses of it before they sign. Rashi writes in a responsum (193), “The witnesses must see the kesubah to be informed of its conditions. If they do not have time to read it, they may ask the chasan how much money he committed, make an act of acquisition, and sign.”