Mishnah
Mishnah

Talmud for Ketubot 9:7

הַפּוֹגֶמֶת כְּתֻבָּתָהּ, לֹא תִפָּרַע אֶלָּא בִשְׁבוּעָה. עֵד אֶחָד מְעִידָהּ שֶׁהִיא פְרוּעָה, לֹא תִפָּרַע אֶלָּא בִשְׁבוּעָה. מִנִּכְסֵי יְתוֹמִים וּמִנְּכָסִים מְשֻׁעְבָּדִין וְשֶׁלֹּא בְפָנָיו, לֹא תִפָּרַע אֶלָּא בִשְׁבוּעָה:

If a woman "impairs" her kethubah (see 9:8), she exacts payment only with an oath. [When one is paid by another, he is not (always) careful to ascertain that he has been paid the exact amount; and this one (the woman), since she was (by her own admission) paid in part, might have been paid in full. And the rabbis imposed an oath upon her so that she be exact (in her reckoning).] If one witness testifies that it has been paid, she can exact payment only with an oath. [This is a rabbinical ordinance designed to set the husband's mind at rest. And these oaths, though instituted by the rabbis, are like Torah oaths, requiring the holding of a (sacred) object. For all oaths instituted in the Mishnah are like Torah oaths.] (If she came to claim her kethubah) from the property of the orphans, or from bound property, or not in his (her husband's) presence, she can exact payment only with an oath. [For if one would claim from the debtor himself, and he would say: Swear to me that I did not pay you, he would have to swear. And we argue for the receiver (of the property), viz.: Perhaps if she had claimed from the debtor (her husband), he would have said: "Swear to me that I did not pay you," and she would have had to swear. Here, too, she has to swear.]

Jerusalem Talmud Sotah

Does our Mishnah follow the House of Shammai, since the House of Shammai say, “she takes her ketubah but does not drink”13Mishnah 4:3. If the husband died after she was in a secluded place with her paramour but before she could drink.? Rebbi Yose said, there the reason of the House of Shammai is that she may say, bring me my husband, then I shall drink14Since the verse requires the husband to bring his wife to the Temple, she can claim that it is not her fault that she could not cleanse herself.. But here, she knew that the preliminarily married cannot drink15It is clear that the House of Shammai also hold that women have to study all the rules (and texts) of the oral law; cf. Berakhot Chapter 3, Note 181. If R. Eliezer in Halakhah 3:4 excludes women from the study of Torah, he can mean only the study of the Pentateuch, not that of the oral tradition.; why did she bring herself into that great doubt? In order to disqualify herself from receiving her ketubah16For the preliminarily married woman, this refers only to pre-talmudic times, when the ketubah was given at the time of qiddušin. But later practice was to deliver the document only at the time of the actual marriage (cf. Ketubot5:1)..
Ask RabbiBookmarkShareCopy

Jerusalem Talmud Gittin

MISHNAH: A widow can be paid from the orphans’ property only by an oath55If the widow continued to live in her husband’s house, she is suspected to have taken from her husband’s property more than was necessary for her guaranteed support and, therefore, if she decides to leave that house she cannot collect her ketubah without swearing that nothing of her ketubah already came into her hand, similar to a woman who had received a down payment on her ketubah, cf. Ketubot 9:8,9.. When they avoided letting her swear56The rabbis became worried that the widow while caring for the orphans took things which she thought were payment for her work but which legally should be counted as part payment of the ketubah; if she then swore that she had received nothing, the widow involuntarily transgressed the prohibition of false oaths and the rabbis the prohibition of “putting a stone in the path of the blind.”, Rabban Gamliel the Elder instituted that she should make a vow57A vow that she would prohibit on herself the use of anything (food, vessel, place) chosen by the orphans if she had received any down payment for her ketubah. For these “vows of mortification”, see Introduction to Tractate Nedarim. on the instruction of the orphans for anything they would decide on and collect her ketubah, and that witnesses sign the bill of divorce because of the public good. Hillel instituted prozbol for the public good58Prozbol is a document which turns a private debt (subject to the laws of revocation in the Sabbatical year) into a public debt (exempt from these laws) in order to maintain an operating banking system; cf. Ševi‘it 10:3 ff..
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse