Commentary for Shevuot 7:7

כְּשֵׁם שֶׁאָמְרוּ, הַפּוֹגֶמֶת כְּתֻבָּתָהּ לֹא תִפָּרַע אֶלָּא בִשְׁבוּעָה, וְעֵד אֶחָד מְעִידָהּ שֶׁהִיא פְרוּעָה, לֹא תִפָּרַע אֶלָּא בִשְׁבוּעָה. מִנְּכָסִים מְשֻׁעְבָּדִים וּמִנִּכְסֵי יְתוֹמִים, לֹא תִפָּרַע אֶלָּא בִשְׁבוּעָה. וְהַנִּפְרַעַת שֶׁלֹּא בְּפָנָיו, לֹא תִפָּרַע אֶלָּא בִשְׁבוּעָה. וְכֵן הַיְתוֹמִים לֹא יִפָּרְעוּ אֶלָּא בִשְׁבוּעָה, שְׁבוּעָה שֶׁלֹּא פְקָדָנוּ אַבָּא, וְלֹא אָמַר לָנוּ אַבָּא, וְשֶׁלֹּא מָצִינוּ בֵין שְׁטָרוֹתָיו שֶׁל אַבָּא שֶׁשְּׁטָר זֶה פָרוּעַ. רַבִּי יוֹחָנָן בֶּן בְּרוֹקָה אוֹמֵר, אֲפִלּוּ נוֹלַד הַבֵּן לְאַחַר מִיתַת הָאָב, הֲרֵי זֶה נִשְׁבָּע וְנוֹטֵל. אָמַר רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל, אִם יֵשׁ עֵדִים שֶׁאָמַר הָאָב בִּשְׁעַת מִיתָתוֹ שְׁטָר זֶה אֵינוֹ פָרוּעַ, הוּא נוֹטֵל שֶׁלֹּא בִשְׁבוּעָה:

Just as they said (Kethuvoth 9:7) that a woman who "impairs" her kethubah [i.e., who produces her kethubah and admits that she has received partial payment] exacts payment only with an oath [if her husband claims that she has received the whole], and that if one witness testifies that it has been paid, she exacts payment only with an oath, and (that if she came to claim her kethubah) from bound property or from the property of the orphans, she exacts payment only with an oath, or that if she is paid not in his (her husband's) presence, she exacts payment only with an oath [(All revert to "Just as" (above), i.e., Just as none of these exacts payment without an oath)], so the orphans exact payment only with an oath. That is, orphans who exact payment from other orphans do so only with an oath. Our Mishnah speaks of an instance where the orphans who are being asked to pay say: We do not know whether or not our father paid this debt. But if they claim: Our father told us that he never borrowed this money and had never incurred this debt, then the orphans who produce the bill against the others exact payment without an oath. For saying "I did not borrow" is tantamount to saying "I did not pay," and they cannot refute the witnesses who testify that their father did borrow this money. And we are taught that with an oath these orphans do exact payment from the others only in an instance where the creditor died in the debtor's lifetime; but if the debtor died in the creditor's lifetime, the creditor is already obliged to swear to the sons of the debtor that he received nothing. For one who exacts payment from orphans, even with a bill (of indebtedness) must swear. And one does not bequeath to his sons money for which he is obliged to swear, the sons not being able to take an oath for which their father is liable. But though this is the halachah, if a judge ruled that the orphans swear "Our father did not charge us, etc." in order to exact payment from the other orphans thereby, what is done is done.[ (What is the oath?) "We swear that father did not charge us [at the time of his death], and did not inform us [before that time, that the bill was paid], and we did not find among our father's bills (any indication) that this bill was paid." R. Yochanan b. B'roka says: Even if the son was born after the father's death, he swears and takes. [He swears that he did not find among his father's bills (any indication) that this bill was paid. This is the halachah.] R. Shimon b. Gamliel said: If there are witnesses that the father said at the time of his death: "This bill has not been paid," he (the son) takes without swearing. [The halachah is in accordance with R. Shimon b. Gamliel.]

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