12th CYCLE DEDICATION
KESUVOS 87 (17 Kislev) - Today's learning is dedicated in loving memory of Professor Dr. Eugene (Mordechai ben Aharon) Heimler, on his 17th yahrzeit, by his beloved wife, Miriam Bracha. May the Zechus of the Torah being learned around the world be an Iluy for his Neshamah.

1)

FROM WHICH OATH DID HE EXEMPT HER?

(a)

(Gemara): Which oath is this (from which he exempts her)?

(b)

Answer #1 (Rav Yehudah): It is the oath about when she was an overseer in the life of her husband.

(c)

Answer #2 (Rav Nachman): It is even the oath that Chachamim imposed on one who received part of her Kesuvah and requests the rest.

(d)

Question (Rav Mordechai): Granted, according to Rav Nachman a woman anticipates that she may need to be paid part of the Kesuvah in advance, and she would ask her husband to exempt her from swearing on the rest;

1.

But according to Rav Yehudah, did she expect to be an overseer and ask to be exempted from that oath?!

(e)

Answer (Rav Ashi): You learn that Rav Yehudah explained the Reisha (therefore you have a difficulty). We learn that he discussed the Seifa (and Rav Nachman explains the Reisha);

1.

(Seifa): If she went from burying her husband to her father's house, or returned to her father-in-law's house, and did not become an overseer, the heirs cannot make her swear. If she became an overseer, the heirs can make her swear about the future, but not about the past.

2.

Question: What is an oath about the past (from which she is exempt)?

3.

Answer #1 (Rav Yehudah): It is the oath about when she was an overseer in his lifetime. His heirs can make her swear about from his death until the burial. (The property fell to them, so his stipulation does not exempt her.)

4.

Answer #2 (Rav Masnah): They cannot make her swear even about the period from his death until the burial.

i.

(Chachamim of Nehardai): To pay for head-tax, burial or food, we sell property of orphans without waiting the usual 30 days of auctioning (because there is no time. Likewise, she does not have time before burial to sell for the proper price, so we exempt her from swearing.)

2)

WHICH EXPRESSIONS EXEMPT FROM AN OATH TO THE HEIRS?

(a)

(Rabah citing R. Chiya): If a man wrote '(I have against you) no vow and no oath', he cannot make her swear, but his heirs can;

1.

If he wrote 'clean vow, clean oath (you are exempt from a vow or oath)', neither he nor his heirs can make her swear.

i.

He meant that she is totally clean from the need to swear.

(b)

(Rav Yosef citing R. Chiya): If he wrote 'no vow and no oath', he cannot make her swear, but his heirs can;

1.

If he wrote 'clean vow, clean oath', both he and his heirs can make her swear.

i.

He meant that if she is suspected she will clear herself by swearing.

(c)

(R. Zakai): Whether he wrote 'no oath', 'clean oath', 'no vow', or 'clean vow', if he said 'in (Bach - from) my property', he cannot make her swear, but his heirs can;

1.

If he wrote 'from these properties', neither he nor his heirs can make her swear.

(d)

Version #1 (Rav Nachman, citing Aba Sha'ul ben Eima Miryam): Whether he 'no oath', 'clean oath', 'no vow', or 'clean vow', whether he wrote 'from my property' or 'from these properties', neither he nor his heirs can make her swear;

1.

But what can I do? We learned that one can collect from orphans' property only if he swears!

(e)

Version #2 (Beraisa - Aba Sha'ul ben Eima Miryam): Whether he 'no oath', 'clean oath', 'no vow', or 'clean vow', whether he wrote 'from my property' or from these properties', neither he nor his heirs can make her swear;

1.

But what can I do? We learned that one can collect from orphans' property only if he swears!

(f)

(Rav Nachman): The Halachah follows Aba Sha'ul.

3)

CASES THAT ALWAYS REQUIRE AN OATH

(a)

(Mishnah): In all the following cases, a woman must swear to receive her Kesuvah:

1.

She admits that she already received partial payment.

2.

One witness says that it was paid.

3.

She collects from orphans.

4.

She collects from buyers.

5.

She collects in her ex-husband's absence.

(b)

An example of partial payment is when the Kesuvah was 1000 Zuz, he says that she received it all, and she says that she received only 100. She collects only with an oath.

(c)

A case of one witness is when the Kesuvah was 1000 Zuz; he says that she received it, she denies this, and one witness says that it was paid. She collects only with an oath.

(d)

The case of collecting from buyers is when her husband sold his property to others, and she collects from them. She collects only with an oath.

(e)

The case of collecting from orphans is when he died and left his property to orphans, and she collects from them. She collects only with an oath.

(f)

The case of collecting in her husband's absence is when he went overseas, and she collects in his absence. She collects only with an oath;

87b----------------------------------------87b

(g)

R. Shimon says, whenever she claims her Kesuvah, the heirs can make her swear. If she does not claim her Kesuvah, they cannot make her swear.

(h)

(Gemara - Rami bar Chama): The oath (in the Reisha) is mid'Oraisa. She claims 200, and he admits to 100. This is Modeh b'Miktzas. In every case of partial admission one must swear!

(i)

Rejection #1 (Rava): In every mid'Oraisa oath, one swears to avoid paying. Here, she swears to receive!

(j)

Rejection #2 (Rava): Oaths (mid'Oraisa) do not apply when the contested debt has a lien to be paid from land!

(k)

(Rava): Rather, the oath is mid'Rabanan.

1.

One who pays is meticulous, but one who is paid is not so careful. Chachamim imposed an oath on her so that she will be more exact.

(l)

Question: If witnesses say that she received part of her Kesuvah, must she swear to receive the rest?

1.

Had he paid the rest at another time, also then he would have paid it in front of witnesses (so she need not swear);

2.

Or, perhaps there just happened to be witnesses when he paid part (but he is not careful to pay in front of witnesses)!

(m)

Answer (Mishnah): Every oath mid'Oraisa is to avoid paying. The following swear (mid'Rabanan) to receive:

1.

A worker;

2.

One who was robbed;

3.

One who was wounded;

4.

One who claims payment from one who (may not swear because he) is suspected to swear falsely;

5.

If Reuven told Shimon to pay Reuven's workers, and Shimon says that he paid, and the workers deny this, Shimon and the workers swear and receive.

6.

One who admits that his loan document was partially paid, not in front of witnesses.

7.

Inference: Had witnesses seen the partial payment, he would not swear!

(n)

Rejection: No, the Mishnah teaches that even if there are no witnesses, he swears.

1.

It is not so surprising that when there are witnesses, he swears. When there are no witnesses, one might have thought that admitting to partial payment is like Hashavas Aveidah (returning a lost object), and he receives the rest without swearing. The Mishnah teaches that this is not so.

(o)

Question: If she admits that her Kesuvah was partially paid, and includes payments of less than a Perutah, must she swear to receive the rest?

1.

Do we say that since she is so exacting, surely she is telling the truth?

2.

Or, perhaps this is a scheme (to make us think that she is exact, so we will exempt her from swearing)!

(p)

This question is unresolved.

(q)

Question: If she admits that she is not entitled to the amount written in her Kesuvah, must she swear about what she says that she is entitled to in order to receive it?

1.

Is this like admitting to partial payment? If so, she must swear;

2.

Or, is it different because she does not admit to any partial payment?

(r)

Answer (Beraisa): One who admits that she is not entitled to the amount written in her Kesuvah receives the rest without an oath.

1.

If the Kesuvah says 1000, he says that he paid it, and she denies this but she admits that she accepted that it be only 100, she is paid without swearing.

2.

Question: Why does she receive (100)? Her Kesuvah is an invalid document!

3.

Answer (Rava brei d'Rabah): She says that he authorized the witnesses to write a Kesuvah for 1000, just she promised him that she will claim only 100.

4)

SWEARING AGAINST ONE WITNESS

(a)

(Mishnah): If one witness says that it was paid...

(b)

(Rami bar Chama): The oath is mid'Oraisa. "One witness will not obligate a person for any sin...", but he can force a person to swear.

1.

Wherever two witnesses would obligate a person to pay, one witness forces him to swear.

(c)

Rejection #1 (Rava): In every mid'Oraisa oath, one swears to avoid paying. Here, she swears to receive!

(d)

Rejection #2 (Rava): Oaths (mid'Oraisa) do not apply when the contested debt has a lien to be paid from land!

(e)

(Rava): Rather, the oath is mid'Rabanan, to appease the husband.

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