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1) ON WHAT MUST A WIDOW SWEAR?

(a) Answer #1 (Rav Yehudah): An oath on when she was an overseer in the life of her husband.
(b) Answer #2 (Rav Nachman): The oath of one who was paid part of the Kesuvah, and requests the rest.
(c) Rav Mordechai: We understand Rav Nachman - a woman anticipates, she may need to be paid part of the Kesuvah in advance, and would ask her husband to exempt her from swearing on the rest.

1. Question: According to Rav Yehudah - did she expect to be an overseer, that she would ask to be exempted from that oath?!

(d) Answer (Rav Ashi): You learned that Rav Yehudah was explaining the beginning of the Mishnah (therefore you have a difficulty); we learn that he refers to the end of the Mishnah.

1. (Mishnah): 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 can impose an oath on her regarding the future, not regarding the past.
2. Question: From which oath is he exempting her?
3. Answer #1 (Rav Yehudah): An oath on when she was an overseer in the life of her husband; but his heirs can make her swear on the period from his death until the burial.
4. Answer #2 (Rav Masna): Even on the period from his death until the burial, they cannot make her swear.

i. (Nehardai): To pay for head-tax, burial or food, we sell property of orphans without waiting the usual 30 days of announcements.

(a) (Rabah, citing R. Chiya): If a man says, 'Not a vow, not an oath' - he cannot impose an oath on her, but his heirs can;

1. If a man says, 'Clean (from a) vow, clean (from an) oath' - neither he nor his heirs can impose an oath on her.

(b) (Rav Yosef, citing R. Chiya): If a man says, 'Not a vow, not an oath' - he cannot impose an oath on her, but his heirs can;

1. If a man says, 'Clean vow, clean oath' - both he and his heirs can impose an oath on her.

i. He suggests that if she is suspected, she will clear herself by swearing.

(c) (R. Zachai): Whether he said 'Not an oath, or clean oath; not a vow, or clean vow, in my property' - he cannot impose an oath on her, but his heirs can;

1. 'From these properties' - neither he nor his heirs can impose an oath on her.

(d) Version #1 (Rav Nachman, citing Aba Shaul Ben Eima Miryam): Whether he said 'Not an oath, or clean oath; not a vow, or clean vow'; whether he said 'In my property, or from these properties' - neither he nor his heirs can impose an oath on her;

1. But what can I do? Chachamim said, one may only be paid from property of orphans if he swears!

(e) Version #1 (Beraisa - Aba Shaul Ben Eima Miryam): Whether he said 'Not an oath, or clean oath; not a vow, or clean vow'; whether he said 'In my property, or from these properties' - neither he nor his heirs can impose an oath on her;

1. But what can I do? Chachamim said, one may only be paid from property of orphans if he swears!

(f) (Rav Nachman): The law is as Aba Shaul.

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

1. She already received partial payment of the Kesuvah.
2. 1 witness says that the Kesuvah was paid.
3. She is collecting from orphans.
4. She is collecting from people that bought her husband's property.
5. She is collecting when her husband is away.

(b) The case when she already received partial payment of the Kesuvah - the Kesuvah was 1000 Zuz; he says, you received it all; she says, I only received 100 - she only collects with an oath.
(c) The case when 1 witness says that the Kesuvah was paid - the Kesuvah was 1000 Zuz; he says, you received it all; she says, I did not; 1 witness says, it was paid - she only collects with an oath.
(d) The case when she is collecting from people that bought her husband's property - he sold his property to others, and she is collecting from the buyers - she only collects with an oath.
(e) The case when she is collecting from orphans - he dies, and left his property to orphans, and she is collecting from them - she only collects with an oath.
(f) The case when she is collecting from he is away - he went overseas, she is collecting when he is away - she only collects with an oath;

(g) R. Shimon says, whenever she demands her Kesuvah, the heirs can impose an oath on her; if she does not demand her Kesuvah, they cannot impose an oath on her.
(h) (Gemara - Rami Bar Chama): The oath is mid'Oraisa - she claims 200, and he admits to 100 - this is the case of a partial admission, and every such case must swear!
(i) Objection #1 (Rava): Every mid'Oraisa oath, the one who swears does not receive; here, she swears and receives!
(j) Objection #2 (Rava): Oaths are not imposed when the contested debt has a lien to be paid from land!
(k) (Rava): Rather, the oath of the Mishnah is mid'Rabanan.

1. A person that pays is meticulous; one that is paid is not so careful - Chachamim imposed an oath on her so 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 - he would have done so in front of witnesses, also! (So there is no need to 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): All that swear mid'Oraisa, they swear to avoid paying; the following swear to receive:

1. A worker;
2. One that was robbed;
3. One that was wounded;
4. One who claims payment from a person that cannot take an oath;
5. Reuven told Shimon to pay Reuven's workers; Shimon says he paid, and the workers deny this - Shimon and the workers swear and receive.
6. One who received partial payment of a loan document, not in front of witnesses.

i. We infer, if witnesses saw the partial payment, he does not swear!

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

1. It is not so surprising that if there are witnesses, he swears. But if there are no witnesses, one would think that admitting partial payment is like returning a lost object, and he receives the rest without swearing - we hear, this is not so.

(o) Question: One who received partial payment of her Kesuvah, in payments of less than a Prutah - must she swear to receive the rest?

1. Do we say, since she is so exacting, she is certainly telling the truth?
2. Or, perhaps this is just a scheme to avoid swearing!

i. This question is unresolved.

(p) Question: One who admits that she is not entitled to the amount written in her Kesuvah - must she swear to receive the rest?

1. Is this just as admitting to partial payment, and she must swear?
2. Or, is it different, since she does not admit to partial payment.

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

1. The Kesuvah says 1000. He says, I paid you. She says, I did not receive, and admits that it is only 100 - she is paid without swearing.
2. Question: Why does she receive - her Kesuvah is an invalid document!
3. Answer (Rava Brei d'Rabah): The Kesuvah truly is 1000, just she promised him that she will only claim 100.

(a) (Mishnah): One witness says that it was paid ...
(b) (Rami Bar Chama): The oath is mid'Oraisa - "1 witness will not obligate a person for any sin..." - but he can force a person to swear.

1. Wherever 2 witnesses obligate a person to pay, 1 witness forces him to swear.

(c) Objection #1 (Rava): All that swear mid'Oraisa, they swear to avoid paying - here, she swears to receive!
(d) Objection #2 (Rava): We do not swear on denial of debts which have a lien to collect from land.
(e) (Rava): Rather, the oath is mid'Rabanan, to appease the husband.