Kesubos 9:8-9

Kesubos 9:8

(This mishna explains the terms of the previous mishna.) Damaging her claim to her kesubah is as follows: If her kesubah was 1,000 zuz, the husband says that she was already paid, and she replies that she has received only 100 zuz. In such a case, she is paid the difference only upon taking an oath. One witness testifying that her kesubah has already been paid is as follows: If her kesubah was 1,000 zuz, the husband says she has already been paid, she says it has not been paid, and one witness testifies that it has been paid. In such a case, she is paid the value of the kesubah only upon taking an oath. Mortgaged property is as follows: If the husband sold his property to others and she wants to be paid by those who bought it, she is paid only upon taking an oath. The property of orphans is as follows: If her husband died and left his property to orphans and she wants to be paid by them, she is paid only upon taking an oath. In the husband's absence is as follows: If he went overseas and she wants to be paid in his absence, she is paid only upon taking an oath. Rabbi Shimon says that whenever a woman claims her kesubah, her husband’s heirs can require an oath of her; if she doesn’t claim the kesubah, they cannot require an oath of her.

Kesubos 9:9

If a woman is able to produce her get but not her kesubah, she may still collect the value of her kesubah. If she produces her kesubah but no get, claiming that it was lost, while her husband claims that he lost his receipt for paying kesubah, she is not paid. The same is true when a creditor produces a promissory note after the sabbatical year but no prozbul. Rabban Shimon ben Gamliel says that since the time of Roman oppression, a woman could collect her kesubah without her get and a creditor could collect a debt without a prozbul. If she produced two gets and two kesubos, she is paid the value of two kesubos. If she produced two kesubos and one get, or one kesubah and two gets, or one kesubah, one get and proof that her husband died (after remarrying her), she collects only the value of one kesubah because if a man divorces and re-marries his wife, he does so only under the terms of her original kesubah. If a minor boy was married off by his father, the kesubah is valid because he remained married to her after reaching the age of majority on the strength of that document. If a non-Jew converts together with his wife, her pre-conversion kesubah remains valid because he remained married to her after conversion on the strength of that document.