אַלְמָנָה, בֵּין מִן הָאֵרוּסִין בֵּין מִן הַנִּשּׂוּאִין, מוֹכֶרֶת שֶׁלֹּא בְּבֵית דִּין. רַבִּי שִׁמְעוֹן אוֹמֵר, מִן הַנִּשּׂוּאִין, מוֹכֶרֶת שֶׁלֹּא בְּבֵית דִּין. מִן הָאֵרוּסִין, לֹא תִמְכֹּר אֶלָּא בְּבֵית דִּין, מִפְּנֵי שֶׁאֵין לָהּ מְזוֹנוֹת, וְכָל שֶׁאֵין לָהּ מְזוֹנוֹת, לֹא תִמְכֹּר אֶלָּא בְּבֵית דִּין:
A widow, both from betrothal [in which instance she is not fed (from the property of the inheritance) and she sells her kethubah], both from marriage [in which instance she sells (from the property of the inheritance) for food], sells not before beth-din. [That is, not before a beth-din of experts. But in any event, she must sell before three who are expert in the assessment of land.] R. Shimon says: From marriage, [in which instance she sells (property) for food], she sells not before beth-din, [for she cannot sit and suffer until she finds a beth-din, but] from betrothal [where her sale is only for (collection of) the kethubah], she sells only before beth-din. [The halachah is not in accordance with R. Shimon.]
Tosefta Ketubot
A widow who claims her ketubah, but the inheritors [of her husband] say to her: "You received your ketubah [already]!"—until she is [re]married, they need to bring evidence that she received her ketubah; once she is [re]married, she needs to bring evidence that she did not receive her ketubah. If she sold her ketubah, used her ketubah as a pledge [for a loan that goes to the creditor in the meantime], used her ketubah as a security [on a loan but that remains with her]—she loses her financial support. Rabbi Shimon says: Even if she sold some [of her ketubah], even if she made some of it as a pledge or some of it as a deposit—she loses her financial support. One doesn't need to say [that this applies] after her husband's death, but even during her husband's lifetime [if she did these things to her ketubah, she would lose her right to financial support after his death]. But [her losing her financial support only applies if] she writes [in the contract dealing with her ketubah] "These I sold for my ketubah, these I sold for my financial support"—words of Rabbi Yehudah. Rabbi Yoseh says: [It applies only] if she sold and wrote without specification; that's why her legal power is stronger [that most of the time the inheritors have to bring the evidence].
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