Kesubos - Daf 87
- כתב לא נדר ושבועה אין לי עליך
Mishnah on the bottom of Daf 86a stated: כתב לא נדר ושבועה אין לי עליך – If a husband wrote a shtar to his wife stating, “I have neither a vow or an oath upon you,” אין יכול להשיעה אבל משביע הוא את יורשיה ואת הבאים ברשותה – he may not impose an oath upon her but he may impose an oath upon her heirs or her successors, which Rashi explains refers to those who may have purchased her kesubah before she got divorced or died. The Gemara asks which oath does the husband’s waiver exempt her from? Rav Yehudah said in the name of Rav: על אפוטרופיא שנעשית בחיי בעלה – it applies to the oath over an administrative position that she takes during her husband’s lifetime. Rav Nachman said in the name of Rabbah bar Avuha: על הפוגמת כתובתה – the waiver applies even to the oath where she impairs her kesubah. This refers to a case where a woman coming to collect her kesubah admits that she collected part of her kesubah and her husband claims he paid her all of it. Typically, she would be required to take an oath that she has not been paid the remainder. Rav Mordechai said to Rav Ashi that it makes sense that the oath applies to a case where she impairs the kesubah, for it enters the wife’s mind that at the time of marriage that she may need some money and need to collect part of her kesubah, so she tells her husband to write that he will not require an oath when she wants the remainder. But according to Rav Yehudah, did the wife know she will eventually be appointed an administrator? Rav Ashi successfully explains what Rav Yehudah’s rationale was.
- הפוגמת כתובתה לא תפרע אלא בשבועה
The next Mishnah states: הפוגמת כתובתה לא תפרע אלא בשבועה – If a woman impairs her kesubah, by admitting that part of it was already paid, she may only collect the remainder with an oath that it has not been paid in full. Rami bar Chama though to say that this is the d’Oraysa shavuah of מודה במקצת, but Rava brought two rebuttals. Firstly, דכל נשבעין שבתורה נשבעין ולא משלמין – there is a rule that all those that swear under d’Oraysa law do not pay, but here she is swearing and taking payment. Secondly, mid’Oraysa, אין נשבעין על כפירת כשעבוד קרקעות – one does not swear concerning the denial of a lien on land, and in our case, the woman holds a lien on her husband’s land through her kesubah. Rather, Rava explained, the oath was enacted as a d'Rabbanon because, דפרע דייק דמיפרע לא דייק – the one who pays a debt is attentive to the details of his payment, whereas the one being paid is not as attentive. ורמו רבנן שבועה עלה כי היכי דתידוק – The Rabbanon therefore imposed an oath upon the woman in order that when she is paid, she should be attentive. Knowing that she will have to swear when she comes to collect the remainder, she will pay attention at the time of the initial payment.
- Wife takes an oath when one witness testifies her kesubah was paid
The Mishnah had stated that if one witness testifies against her that the kesubah was paid, she may only collect with a shavuah that it was not paid. Rami bar Chamah thought to say that this is d’Oraysa oath for the passuk states: "לא יקום עד אחד באיש לכל עון ולכל חטאת" – A single witness shall not stand up against a man for any punishment or for any penalty. This implies, אבל קם הוא לשבועה – that a single witness may, however, stand up for the purpose of making someone take an oath. And it was taught in a Baraisa: כל מקום שהשנים מחייבין אותו ממון אחד מחייבו שבועה – In any situation where two witnesses cause a defendant to pay money, one witness obligates him to take an oath. After Rava provides the same two-part rebuttal as above, he explains that this is a d’Rabbanon shavuah, כדי להפיס דעתו של בעל – in order to put the husband’s mind at ease. Since his claim is supported by a single witness, whose testimony requires one to take an oath in other cases, the Rabbanon ordered her to swear before collecting.
