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1) SWEARING TO COLLECT

(a) (Mishnah): Judges refrained from administering the oath.
(b) Question: Why?

1. Suggestion: Because of the case Rav Kahana recorded.
2. (Rav Kahana): A man once deposited a gold coin with a widow during a famine year. She put it in the flour; it got baked into a loaf, and she gave the loaf to a poor man. When the depositor asked for his coin, she swore that she did not benefit from it, and that one of her children should die if she is lying. Soon after, 1 of her children died.

i. Chachamim: If someone who swears truthfully is punished thusly, all the more so one who swears falsely!

3. Question: Why was she punished?
4. Answer: She benefited from the coin (it saved her flour which otherwise would have been used in the loaf she gave to the poor man).
5. Question: If so, she did not swear truthfully!
6. Answer: Rather, she was as one that swore truthfully (she did not intend to lie).

(c) Question: If this is the reason - they should have stopped divorced women from swearing as well!

1. (R. Zeira): They only stopped widows from swearing, divorcees still swear.

(d) Answer: A widow toils to care for the orphans. She might swear that that she did not receive any money from the Kesuvah, even if she did, since she feels she is entitled to compensation for her toil.
(e) Version #1 [Sages of Sura] (Rav Yehudah): Rav and Shmuel both say that only in Beis Din she does not swear, but she may swear outside of Beis Din.
(f) Question: But Rav would not allow a widow to collect her Kesuvah! (According to Rav Yehudah, he should have her swear outside Beis Din.)

1. This is left difficult.

(g) Version #2 [Sages of Nehardai] (Rav Yehudah citing Shmuel): Only in Beis Din she does not swear, but she may swear outside of Beis Din.
(h) (Rav Yehudah citing Rav): She does not swear even outside of Beis Din.

1. This is consistent with Rav's practice not to allow a widow to collect her Kesuvah.
2. Question: Why doesn't Rav allow her to collect through a vow?
3. Answer: In Rav's day, people took vows lightly.

(i) A widow came before Rav Huna to collect her Kesuvah.

1. Rav Huna: I hold like Rav, who does not collect a Kesuvah for a widow.
2. The woman: The reason is, you suspect I may have already received part of my Kesuvah - I swear by Hash-m's name, I have not benefited from my Kesuvah!
3. (Rav Huna): Rav admits, if she swears on her own, she receives her Kesuvah.

(j) A widow came before Rabah bar Rav Huna to collect her Kesuvah.

1. Rabah bar Rav Huna: I hold like Rav and my father, who did not collect a Kesuvah for a widow.
2. The woman: Give me food (as I am entitled to, since I am not receiving the Kesuvah).
3. Rabah bar Rav Huna: I hold like Shmuel - once a woman requests her Kesuvah, she does not receive food.
4. The woman: Your stomach should turn over - you ruled against me as 2 sages whose rulings do not go together!

i. They reversed the chair of Rabah bar Rav Huna and returned it, hoping that this would be considered fulfillment of the curse - still, he got sick.

(k) Rav Yehudah instructed R. Yirmeyah Bira'ah: Have the widow vow in Beis Din and swear outside of Beis Din - let it become known that widows collect Kesuvos.
(l) (R. Zeira): Widows don't swear, but divorcees do.
(m) Question: Is it really true that a divorcee only collects through an oath, not through a vow?

1. Rabanan in Eretz Yisrael sent a message about a certain woman that received a Get, and vowed not to eat fruits if she had already received towards her Kesuvah anything more than a coat, a Sefer Tehilim, a Sefer Iyov, and a worn Sefer Mishlei;

2. Rabanan: We appraised these to be worth 5 Maneh - you should let her collect the rest of her Kesuvah.

(n) Answer (Rav Ashi): Yes, a divorcee needs an oath; this case was a widow - she had received a Get from a Yavam (to forbid Yibum).

(a) (Mishnah): R. Gamliel enacted that she should vow...
(b) (Rav Huna): This is only if she did not yet remarry - but if she already remarried, we do not have her vow.
(c) Question: Is this not because her husband will annul the vow? Also before she remarries, we should worry, she will vow falsely, expecting that she will marry and her husband will annul her vow.
(d) Answer: A husband cannot annul vows she took before he married her.
(e) Question: We should always worry, she will vow falsely, expecting that she will regret her vow in Beis Din, and Beis Din will permit it!
(f) Answer: Rav Huna holds that one asking permittal of a vow must give the details of the vow.
(g) (Rav Nachman): She collects her Kesuvah through a vow even after she remarried.
(h) Question: Surely, (she is not afraid to vow falsely, for) her husband will annul the vow!
(i) Answer: She vows in front of many people.
(j) Question (against Rav Huna - Beraisa): If she remarried, she collects her Kesuvah if she vowed.

1. Suggestion: This means, if she vows now.

(k) Answer: No, if she vowed before she remarried.
(l) Question (Beraisa): If she remarried, she vows and collects her Kesuvah.
(m) Answer: Tana'im argue whether a vow made in front of many people can be permitted. (The opinion that says it cannot, will say that she can vow after remarrying to collect her Kesuvah.)

(a) Question: One who seeks permittal of a vow (from Beis Din) - must he give the details of the vow?
(b) Answer #1 (Rav Nachman): He need not.
(c) Answer #2 (Rav Papa): He must.

1. Rav Nachman says he need not - if he had to, sometimes he would omit a detail, and the permittal would be invalid, since Beis Din only permits what they hear!
2. Rav Papa says he must - perhaps he seeks permittal of a vow in order to transgress!

(d) (Mishnah): A Kohen that marries a woman forbidden to Kohanim is disqualified from Temple service until he vows not to benefit from her.

1. (Beraisa): Immediately upon vowing, he may serve; after serving, he divorces her.
2. Question (against Rav Nachman): If one may permit a vow without detailing it - perhaps he will permit his vow and keep his wife!