1,618. A Widow's Personal Income

Hilchos Ishus 18:22

When the court grants a widow money for her maintenance, they don’t take into account any money that she earns herself until the husband’s heirs come and demand it. If she has earned money, they are entitled to it; if not, they have no claims against her. The Rambam maintains that if the husband’s heirs have not yet reached the age of majority, then the court should take the widow’s income into account. Just as she is granted maintenance, the court awards her income to the heirs.

Hilchos Ishus 18:23

If a widow cannot produce her kesubah, she is not awarded money for her maintenance because of the possibility that she waived her kesubah, sold it or gave it as collateral. Even if the heirs do not make such claims against her, the court makes the claim on their behalf, telling the widow that she must produce her kesubah and take the necessary oath in order to collect maintenance. This does not apply in places where the practice is not to record the kesubah in a document.