Mishnah
Mishnah

Reference for Gittin 4:3

אֵין אַלְמָנָה נִפְרַעַת מִנִּכְסֵי יְתוֹמִים אֶלָּא בִשְׁבוּעָה. נִמְנְעוּ מִלְּהַשְׁבִּיעָהּ, הִתְקִין רַבָּן גַּמְלִיאֵל הַזָּקֵן שֶׁתְּהֵא נוֹדֶרֶת לַיְתוֹמִים כָּל מַה שֶּׁיִּרְצוּ, וְגוֹבָה כְתֻבָּתָהּ. הָעֵדִים חוֹתְמִין עַל הַגֵּט, מִפְּנֵי תִקּוּן הָעוֹלָם. הִלֵּל הִתְקִין פְּרוֹזְבּוּל מִפְּנֵּי תִקּוּן הָעוֹלָם:

A widow claims payment [of her kethubah] from the property of the orphans only with an oath [that she had received nothing of it]. They (beth-din) forbore from administering the oath to her. [For because she exerted herself for the orphans she would rationalize her swearing that she had received nothing even if she had received a small amount, feeling that she had received it for her exertions and not as payment of the kethubah. Therefore, they would forbear from administering the oath to her, and she would lose her kethubah.] R. Gamliel the elder instituted that she vow to the orphans whatever (formula of vow) they desire [such as: "I bevow enjoyment of this and this food if I have derived any benefit from my kethubah"], and she collects her kethubah. [And if she remarried before the orphans bevowed her for her kethubah, in which instance her husband might nullify her vow, what do they do? They beswear her, outside of beth-din an "oath of the rabbis," transgression of which is not so severe (as that of a Torah oath), and she takes her kethubah after she is married. And if she comes to collect her kethubah before she remarries, the orphans have the option: If they wish, they administer the oath outside of beth-din, or they bevow her in beth-din. Witnesses sign on a get for "the general good." [This ("for the general good") refers to both, viz.: A widow is bevowed by the orphans for "the general good," that widows remarry and not worry about losing their kethubah; and witnesses sign on the get for "the general good." For since the witnesses to the delivery cause the get to take effect, the witnesses to the woman's having received the get being the underpinning of the divorce, there is really no need for witnesses to sign the get. But because of "the general good" — because we fear that one of the witnesses to the delivery might die, and the get be like a mere shard in her hand, (it was instituted that witnesses sign)]. Hillel instituted the prozbol for "the general good." [For because he saw the people forbearing to lend each other (in apprehension of the loan's being dissolved by the shemitah year), and (by their forbearance) transgressing (Deuteronomy 15:9): "Take heed unto yourself lest there be in your heart a thing of wickedness, etc." — he arose and instituted the prozbol. This is the text of the prozbol: "I give over to you, ploni and ploni, the judges, (all of my claims) so that I can claim whatever ploni owes me whenever I wish"].

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