"Se una donna altera la sua kethubah": In che modo? Se il suo kethubah era di mille zuz e lei diceva: Ne ho ricevuti solo cento, esegue il pagamento solo con un giuramento. "Se un testimone testimonia che è stato pagato": In che modo? Se il suo kethubah era di mille zuz, e le disse: Hai ricevuto il tuo kethubah, e lei disse: Non l'ho ricevuto, e un testimone testimonia che è stato pagato, esegue il pagamento solo con un giuramento. "dalla proprietà associata": in che modo? Se ha venduto la sua proprietà ad altri, e lei chiede il pagamento dai ricevitori, può esigere il pagamento solo con un giuramento. "dalla proprietà degli orfani": come mai? Se è morto e ha lasciato la sua proprietà agli orfani, e lei chiede il pagamento dagli orfani, può esigere il pagamento solo con un giuramento. "non in sua presenza": come mai? Se è andato all'estero, e lei afferma, non in sua presenza, può esigere il pagamento solo con un giuramento. R. Shimon dice: Ogni volta che reclama la sua kethubah, gli eredi possono farla giurare; e se non rivendica la sua kethubah, gli eredi non possono farla giurare. [Questo si riferisce alla sentenza dei rabbini (9: 4): "Se uno imposta sua moglie come un negoziante o come custode, può amministrare un giuramento ogni volta che lo desidera", e (9: 5): " Se ha scritto: "Né io né i miei eredi imporremo né giuramento né giuramento su di te", gli eredi non possono farla giurare ". Lui (R. Shimon) arriva a dissentire e a dire che ogni volta che lei reclama la sua kethubah, gli eredi possono farla giurare, anche se ha scritto: "Né io né i miei eredi importeremo voto né giuramento su di te". E se non rivendica la sua kethubah, gli eredi non possono farla giurare sulla sua custodia nella vita di suo marito, anche se lui (lui) non l'ha esonerata da un giuramento, R. Shimon differisce da R. Eliezer e quelli dei suoi opinione che dice (9: 4): "Può amministrarle un giuramento quando vuole". L'halachah non è conforme a R. Shimon.]
Bartenura on Mishnah Ketubot
רבי שמעון – This [statement] refers to what is above (see Mishnah 4), referring to the Rabbis who stated that a person sets up his wife as a storekeeper or appointed her as a guardian, he may impose upon her an oath [that she has not misappropriated any of his property any time that he wants, and if he wrote her: “I don’t nor do my heirs have a vow or an oath against you,” the heirs cannot cause her to take an oath. And he comes to dispute and state that whenever she claims her Ketubah, the heirs force her to take an oath and even if he wrote her that neither he nor his heirs have on her a vow or an oath, if she does not claim her Ketubah, the heirs cannot force her to take an oath on being a guardian during the lifetime of her husband, and even if he did not exempt her from the oath, for Rabbi Eliezer and his dispute (even on her spindle and on her dough, they may force her to take an oath) that we stated above (see the end of Mishnah 4), that we force her to take an oath whenever he wants, and the Halakha is not according to Rabbi Shimon.
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English Explanation of Mishnah Ketubot
Introduction
This mishnah explains yesterday’s mishnah, regarding which women must take an oath in order to receive their ketubah. We should note that the mishnah is not making any statement about distrusting women; if so they would not be allowed to take an oath! Rather in general even when a person is trustworthy s/he must sometimes take an oath in order to collect money.
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English Explanation of Mishnah Ketubot
“A woman who impairs her kethubah”: How is this so? If her ketubah was for a thousand zuz and [her husband] said to her, “You have already received your kethubah”, and she says, “I received only a maneh”, she is not paid [the balance] except by an oath. A woman who “impairs her ketubah” is defined as one who has admitted that she has received part of her ketubah. The reason that she must take an oath to recover the rest is that one who pays back a debt is assumed to know more accurately that s/he paid back then someone who is receiving the debt. Therefore, we suspect that she might have forgotten that she did indeed receive the entire ketubah. To ensure that she did not she must take an oath.
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English Explanation of Mishnah Ketubot
“If one witness testifies against her that [her kethubah] has been paid”: How is this so? If her ketubah was for a thousand zuz and [her husband] said to her, “You have already received your ketubah”, and she says, “I have not received it” and one witness testifies against her that [the ketubah] has been paid, she is not paid except by an oath. If one witness testifies that she did receive the whole ketubah, she must take an oath that she did not. This is the same as all cases of a single witness in Jewish law, who is not sufficient to provide full and valid testimony, but is sufficient to make the opposing party swear that what the witness says is not true.
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English Explanation of Mishnah Ketubot
“From property with a lien on it”: How is this so? He had sold his property to others and she seeks to recover payment from the buyers, she is not paid except by an oath. At the point of marriage, the wife’s ketubah creates a lien on all of her husband’s property. If when she comes to collect her ketubah, he has no property, she can recover from anything he might have sold or given away after their marriage. However, she must take an oath to those people who purchased the party that she has not previously collected. This is because the purchasers cannot know whether or not the husband had already paid back the ketubah.
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English Explanation of Mishnah Ketubot
“From the property of orphans”: How is this so? He died and left his estate to his orphans and she seeks to recover payment from the orphans, she is not paid except by an oath. For the same reason, if she collects the ketubah from her husband’s inheritors, she must take an oath.
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English Explanation of Mishnah Ketubot
“An husband who is not present” How is this so? If her husband went to a country beyond the sea and she seeks to recover payment in his absence, she is not paid except by an oath. Finally, if she collects her ketubah when her husband is abroad, for instance he sent her a get, before she collects her ketubah she must take an oath. This is because we are suspicious that since her husband is not there, she might be more brazen and lie. To deter her from lying she must take an oath.
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English Explanation of Mishnah Ketubot
Rabbi Shimon says: whenever she claims her ketubah the heirs may impose an oath upon her but whenever she does not claim her ketubah the heirs can not impose an oath upon her. Rabbi Shimon says that if she has requested her ketubah, the heirs may make her take an oath, even if her husband had said that she would not be subject to an oath. According to Rabbi Shimon, this stipulation does not cause the heirs to lose their right to demand that their father’s wife take an oath about her ketubah. However, if she does not claim her ketubah, and rather prefers to continue to live on his estate (as is her right, as we shall see later in the Mishnah), the heirs cannot make her take an oath even if she was appointed guardian over his estate. Rabbi Shimon disagrees with the halakhah found in mishnayoth four and five, that a husband has a right to make his wife swear an oath if she was appointed guardian or storekeeper.
