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Bava Metzia Chart #2

Bava Metzia Daf 7b

WHEN ONE FINDS A WOMAN'S KESUVAH, AND THE HUSBAND CLAIMS
THAT HE PAID IT ALREADY, DO WE GIVE IT BACK TO THE WOMAN
AND LET HER COLLECT THE MONEY WITH IT?
[The Halachos written in brackets are not mentioned explicitly in the Beraisa.] (A)
SHE IS STILL MARRIED 		(B)
SHE IS DIVORCED
1) THE GEMARA'S
FIRST ANSWER 		She may collect(1) R. Yosi: She may not collect(2)
[Rabanan: She may collect]
2) RAV PAPA Rabanan: She may not collect(3)
R. Yosi: She may collect(1)		 Rabanan: She may not collect(4)
[R. Yosi: She may collect]
3) RAVINA Rabanan: She may not collect(5)
R. Yosi: She may collect(1)		 She may not collect(2)(5)
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FOOTNOTES:
==========
 (1) This is because a Kesuvah is not collected during the lifetime of the husband when the marriage is not dissolved, and therefore there is no fear that he already paid it.
(2) Rebbi Yosi's reasoning is that we are afraid that it was paid ("Chaishinan l'Pira'on"). The opinions of the Tana Kama and Rebbi Yosi in the first Beraisa must be reversed; see Chart #1, 3:B.
(3) The Rabanan are concerned that perhaps he left for his wife, during his lifetime, a bundle ("Tzerari") of money from which to collect her Kesuvah when he dies.
(4) The Rabanan's reasoning is that we are afraid that it was paid ("Chaishinan l'Pira'on"), in accordance with their opinion as expressed in the first Beraisa (see Chart #1, 3:B).
(5) The Rabanan's reasoning is that we are afraid that perhaps the husband wrote two Kesuvos for her; after she lost the first one, he wrote her another one to replace it, and now that the first one has been found, we are afraid that she will collect both of them. (The husband's claim in this case is not that he paid the Kesuvah already, but that he wrote her a second one.)

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