Kesubos - Daf 89
- הוציאה גט ואין עמו כתובה גובה כתובתה – כל מעשה בית דין כמאן דנקיט שטרא
The next Mishnah states: הוציאה גט ואין עמו כתובה גובה כתובתה – If a woman produced a get, but did not have with it a kesubah, she can nevertheless collect her kesubah. Rashi explains that even if the husband claims that he paid her the kesubah, and then received the kesubah and destroyed it, he is not believed. This is because the chiyuv of a kesubah is a מעשה בית דין – an act of Beis Din, meaning a debt imposed by Beis Din on every husband, and a debt imposed by Beis Din is so strong that one who claims he paid it is not believed unless he produces evidence. The Gemara in Baba Metzia explains that any claimant of an obligation imposed by Beis Din כמאן דנקיט שטרא - is like one who is holding the shtar. Therefore, although the woman does not have her kesubah, her claim is as if she is holding it.
- Do we infer from the Mishnah that כותבין שובר – a creditor may write a receipt?
The Gemara suggests from the fact that a woman who produces a get but not a kesubah can nevertheless collect, שמע מינה כותבין שובר – that we can learn from here that we allow a creditor, in this case the woman, to write a receipt instead of returning the original shtar. For if we do not permit the writing of a receipt, we should be concerned that she will produce her kesubah a second time as an almanah. Rav said that generally we do not allow a creditor to write a receipt, but here the Mishnah allows it because במקום שאין כותבין כתובה עסקינן – we are dealing with a place where they do not write a kesubah. Since no kesubah exists, we must allow a divorced woman to collect when she produces only her get, and the husband had no choice but to write a receipt. Shmuel said that that Mishnah refers to even a place where they write a kesubah. Rav Anan said that Shmuel explained his position as follows: Generally, we do not allow a creditor to substitute a receipt for the original shtar. But there are times where they do not write kesubos, and the husband says, "כתבתי" – I wrote a kesubah and I do not want to pay unless it is returned, עליו להביא ראיה – it is upon him to bring a proof that he wrote it, and if he cannot, then he must accept a receipt. And in a place where they do write kesubos, but the woman says, "לא כתב לי" – He did not write one for me, it is on her to bring a proof that she was not given a kesubah. If she produces proof, then the husband must pay the kesubah and accept a receipt. Rav ends up retracting his view and explains the Mishnah differently.
- How Beis Din prevents a wife from collecting her kesubah with a get a second time
Rav Nachman said to Rav Huna: According to Rav, who said that if a woman produces her get, she collects the principal of the kesubah, we should be concerned that she will produce her get in one Beis Din and collect and she will produce it in another Beis Din and collect again? And if you will say that we tear the get when she collects her kesubah, this is not a viable option, for she can say, "בעינא לאנסובי ביה" – “I need it to remarry on the basis of the get,” which provides her with proof that she was divorced, and she needs it intact and in her possession? Rav Huna answered, “We do tear it when she collects her kesubah, and we write on it as follows: "גיטא דנן קרענוהי לאו משום דגיטא פסול הוא אלא דלא תיהדר ותיגבי ביה זמנא אחרינא" – “We tore this get, not because it is passul, but so she will not return and collect her kesubah with it another time.
