POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kesuvos 88
1) HOW TO FORCE HER TO TAKE AN OATH OF THE TORAH
(a) (Rav Papa): If he is clever, he forces her to take an
2) GETTING PAID FROM SOMEONE OTHER THAN THE HUSBAND
1. He again pays her the Kesuvah in front of 1 witness.
He joins the witnesses, and claims that the first
payment was a loan. (Since she contradicts the
witness that saw the 1st payment, she must swear
(b) Objection (Rav Shisha Brei d'Rav Idi): The 2 witnesses
cannot be joined!
(c) (Rav Shisha): Rather, the 2nd time, he pays her in front
of the original witness and another witness; now, he can
prove that he paid once, and he claims that the 1st
payment was a loan.
(d) Objection (Rav Ashi): Still, she can claim that she had 2
Kesuvos, and this is what he paid her!
(e) (Rav Ashi): Rather, he must tell the witnesses why he is
doing this, and that there only was 1 Kesuvah.
(a) (Mishnah): From land that was sold ...
3) R. SHIMON'S OPINION
(b) (Mishnah): Also, orphans only collect with an oath.
(c) Question: From whom?
1. Suggestion: If from the borrower - their father
would have collected without an oath, they must make
(d) Correction: Rather, orphans that collect from orphans
(e) (Rav Zrika, citing Rav Yehudah): This only applies when
the children of the borrower say, our father said that he
borrowed and paid; but if they say, our father said that
he never borrowed, they do not pay.
(f) Objection (Rava): Just the opposite! Denying the loan is
admission that it was not paid!
(g) Corrected version (Rav Zrika, citing Rav Yehudah):
(Orphans that collect from orphans must swear) only
applies when the children of the borrower say, our father
said that he borrowed and paid; but if they say, our
father said that he never borrowed, they pay, and no oath
1. Denying a loan is like admitting that it was not
(h) (Mishnah): One that is paid up when the husband is not
here must swear.
(i) (Rav Acha): A case occurred. R. Yitzchak said, only a
Kesuvah is paid up when the husband is not here, because
of grace (to encourage marriage), but not a loan.
(j) (Rava): Even a creditor is paid, so that borrowers should
not take the money and go abroad - this would deter
people from lending.
(a) (Mishnah - R. Shimon): Whenever she demands payment of
her Kesuvah ...
(b) Question: On which case does R. Shimon speak?
(c) Answer #1 (R. Yirmiyah): One that is paid up when the
husband is not here must swear - this applies whether she
demands food or her Kesuvah;
1. R. Shimon argues - when she demands her Kesuvah, the
heirs force her to swear; if not, not.
2. R. Shimon and Chachamim argue as Chanan and Bnei
(d) Objection (Rav Sheshes): Our Mishnah says, the heirs make
her swear - if the case is as in that Mishnah, it should
say, Beis Din makes her swear!
i. (Mishnah): A man went overseas, and his wife
demands food. Chanan says, she does not swear
now, only when she will collect her Kesuvah;
ii. Bnei Kohanim Gedolim say, she swears now as
iii. R. Shimon holds as Chanan; Chachamim hold as
Bnei Kohanim Gedolim.
(e) Answer #2 (Rav Sheshes): Rather, R. Shimon speaks on the
clause 'If she went from burying her husband to her
father's house, or returned to her father-in-law's house,
and did not become an overseer - the heirs can impose an
oath on her regarding the future, not regarding the
1. R. Shimon comes to say, when she claims her Kesuvah,
they make her swear; when she does not claim it,
they can't make her swear.
(f) They argue as Aba Shaul and Chachamim.
1. (Mishnah): An overseer appointed by the father must
swear to the orphans; one appointed by Beis Din does
not swear; Aba Shaul says, the opposite - an
overseer appointed by Beis Din must swear, one
appointed by the father does not swear.
(g) Objection (Abaye): The Mishnah says, whenever she demands
her Kesuvah - if as you explain, it should say if she
demands her Kesuvah!
2. R. Shimon holds as Aba Shaul, Chachamim as
(h) Answer #3 (Abaye): R. Shimon speaks on the clause '... I,
my heirs, or those that come in my stead have no vow or
oath on you, your heirs, or those that come in your
stead' - he, his heirs, or those that come in his stead
cannot impose an oath on her, her heirs, or those that
come in her stead.
1. R. Shimon comes to say, whenever she claims her
Kesuvah, they can make her swear.
(i) They argue as Aba Shaul Ben Eima Miryam and Chachamim; R.
Shimon is as Aba Shaul Ben Eima Miryam, Chachamim are as
1. Objection (Rav Papa): This explains why R. Shimon
said, 'Whenever she claims her Kesuvah, they can
make her swear' - it does not explain why he
concluded, 'if she does not claim her Kesuvah, they
cannot make her swear'.
(j) Answer #4 (Rav Papa): This last clause comes to argue on
R. Eliezer and the Chachamim that argue on him (86B; both
hold that they can make her swear if she was an overseer,
even if she does not claim her Kesuvah).