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KESUVOS 89

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SUMMARY

If the wife has a Get without a Kesuvah, she collects her Kesuvah.
 
If the wife has a Kesuvah without a Get, she does not collect her Kesuvah.
 
Raban Shimon ben Gamliel: At a time of danger, the wife may collect the Kesuvah without a Get. (1)
 
If a lender has a Shtar without a Pruzbul and he is collecting after the year of Shemitah, he may not collect the loan.
 
Shmuel: Only in a place where the Minhag is not to write a Kesuvah may the wife collect the Kesuvah with the Get. (2)
 
Shmuel: In a place where the Minhag is to write a Kesuvah, the wife may not collect the Kesuvah with her Get. (3)
 
Rav: The wife collects the principal Kesuvah with the Get and the Tosefes Kesuvah with the Kesuvah.
 
If she does not have witnesses for the divorce, the woman may not collect her Tosefes Kesuvah without a Get, even according to Rav. (4)
 
A widow collects her Kesuvah with witnesses of her husband's death, and the heirs are given a receipt so that she will not collect a second time. (5)
 
The Tana'im disagree about whether an Arusah who is divorced or widowed receives the Tosefes Kesuvah.
 
If an Arusah dies, her husband does not become an Onen and he does not inherit her property. (6)
 
If an Arus dies, his Arusah is not an Onen and she does not have a Mitzvah to become Tamei to him, but she receives her Kesuvah.
 
When a woman collects her Kesuvah with her Get, Beis Din tears it and writes on it, "We tore the Get so that she will not use it to collect again."
 
If a woman has two Gitin and two Kesuvos from the same husband, she collects both Kesuvos. (7)
 
If a woman has two Kesuvos and one Get, or one Kesuvah and two Gitin, or one Get and Edei Misah, she collects only one Kesuvah. (8)
 
If a man holds two Shtaros on the same loan, he may collect only with the one with the later date.
 
If the second Shtar is for a larger sum than the first, he may collect with whichever Shtar he chooses. (9)

A BIT MORE

1. The Nochrim prohibited observing the Mitzvos, and as a result the women were afraid to show their Gitin and they burned the Gitin immediately upon receiving them.
 
2. She may collect with the Get only if the husband does not prove that he wrote her a Kesuvah.
 
3. She may collect with the Get if she proves that her husband did not write a Kesuvah for her.
 
4. The husband has a Migu: He could have denied that he divorced her, and thus he is believed to say that he already paid the Tosefes Kesuvah.
 
5. Even according to the opinion that we do not write a receipt, in this case there is no choice. Without a receipt, she might bring witnesses in one Beis Din and collect her Kesuvah there, and subsequently bring witnesses in a second Beis Din and collect her Kesuvah again.
 
6. If he is a Kohen, he may not become Tamei to her.
 
7. Since the husband wrote her a new Kesuvah when he remarried her, she collects both Kesuvos.
 
8. Even though she remarried her own husband, she collects only one Kesuvah, because a husband who remarries his wife does not have to write her a new Kesuvah.
 
9. If he chooses to collect with the first Shtar, although he receives the smaller sum of money he collects from the Meshubadim from the earlier date. If he chooses to collect with the second Shtar, he collects from the later date but he receives the larger sum of money.

BRIEF INSIGHT

COLLECTING A KESUVAH WITH A GET
 
In a place where the Minhag is to write a Kesuvah, the wife may not collect the Kesuvah with her Get, according to Shmuel. The Ran says that even according to the opinion that we write a receipt for a creditor, the wife may not collect without her Kesuvah because her claim is very weak, as the fact that she no longer has her Kesuvah document is strong evidence that she already collected her Kesuvah.

QUICK HALACHAH

THE MINHAG TO WRITE A KESUVAH
 
If a woman has a Get without a Kesuvah and the Minhag of that place is not to write a Kesuvah, she collects the principal Kesuvah with the Get. If the Minhag of the place is to write a Kesuvah, she may not collect even the principal without her Kesuvah, and the husband must make a Shevu'as Heses that he already paid her the Kesuvah. (Shulchan Aruch EH 100:12)
 
A woman may collect with her Get but not with the witnesses of the divorce, because she may have collected already with the Get and now wants to collect a second time with the witnesses of the Get. (Chelkas Mechokek)

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