1,620. A Statute of Limitations on Maintenance

Hilchos Ishus 18:26

Let’s say that a needy widow waits two years before suing for maintenance, or a wealthy widow waits three years. In such cases we assume that she has waived her claim regarding the previous years, so she is not paid retroactively for those years. She is entitled to maintenance from the time she makes her claim going forward. However, if she makes her claim even one day before the two- or three-year deadline, then she is not considered to have waived her claim and she can collect maintenance retroactively.

Hilchos Ishus 18:27

Let’s say that a widow demands to receive maintenance from her husband’s heirs but they say that they have already paid her, which she denies. The burden of proof is on the heirs until she remarries; she can take an oath of rabbinic origin and be paid. Once she has remarried, the burden of proof is on her; the heirs can take an oath of rabbinic origin that they already paid and be relieved of any obligation to her.