Question:
If ketubah was destroying, does it mean that a couple is not married anymore? What if someone cheats when there is no ketubah, does this consider to be a cheating at l? Or the worse, what is a woman for pregnant from another man , while her ketubah was destroyed, does her child consider to be a mamzer or not?
Answer
Peace and blessing
Your questions are important
The ketubah written by the groom to his bride is a bond in which the groom undertakes to take care of his bride for food, clothing from the section, etc., while the wife is married to him, in addition to this bill, the groom undertakes to pay his bride a sum of money stated in the inscription if God forbid he dies or wants to divorce his wife.
The ketubah has no meaning towards the laws of personality between the man and the woman, all the laws of personality between the couple created during the canopy and sanctification (chupa and kedushin) exist whether the couple edited a ketubah whether the couple did not edit any writing at all.
In general, the laws of personality that are created during marriage between the couple are the strict prohibition on a woman living with another man other than her husband, and if god forbid she is pregnant from another man, thw child is a ‘mamzer’. Likewise, a man who married a woman today, is enslaved by this to his wife who will not bear another woman without her.
The ketubah means only the matters stated in it as detailed above are the most financial obligations. However, in order to reinforce the need for a ketubah that the groom would not omit from his duty to write a text to his bride, the sages said that the couple should not live with a unwritten ketubah.
It is important to know that if it is written at the time of the chupa, the groom is obligated to all written charges even if the ketubah has been destroyed or lost, but he must rush to edit a rewritten ketubah in order not to suspend his wife without a written ketubah in her hand.
Regarding your question about charging for mourning in those who have discovered that their father is not a biological father, the answer is, that the principle of the law is not the charge of seventy-thirty-year mourning but only on a biological father. However, if he wishes to honor him and treat him with some laws of mourning, moreover, he is also entitled to mourn him, such as when the non-biological father is the husband of his biological mother, in which case his mother deserves to be respected even after his death.
Sources and reasons