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1) HOW TO FORCE HER TO TAKE AN OATH OF THE TORAH

(a) (Rav Papa): If he is clever, he forces her to take an oath mid'Oraisa.

1. He again pays her the Kesuvah in front of 1 witness. He joins the witnesses, and claims that the first payment was a loan. (Since she contradicts the witness that saw the 1st payment, she must swear mid'Oraisa.)

(b) Objection (Rav Shisha Brei d'Rav Idi): The 2 witnesses cannot be joined!
(c) (Rav Shisha): Rather, the 2nd time, he pays her in front of the original witness and another witness; now, he can prove that he paid once, and he claims that the 1st payment was a loan.
(d) Objection (Rav Ashi): Still, she can claim that she had 2 Kesuvos, and this is what he paid her!
(e) (Rav Ashi): Rather, he must tell the witnesses why he is doing this, and that there only was 1 Kesuvah.

(a) (Mishnah): From land that was sold ...
(b) (Mishnah): Also, orphans only collect with an oath.
(c) Question: From whom?

1. Suggestion: If from the borrower - their father would have collected without an oath, they must make an oath?!

(d) Correction: Rather, orphans that collect from orphans must swear.
(e) (Rav Zrika, citing Rav Yehudah): This only applies when the children of the borrower say, our father said that he borrowed and paid; but if they say, our father said that he never borrowed, they do not pay.
(f) Objection (Rava): Just the opposite! Denying the loan is admission that it was not paid!
(g) Corrected version (Rav Zrika, citing Rav Yehudah): (Orphans that collect from orphans must swear) only applies when the children of the borrower say, our father said that he borrowed and paid; but if they say, our father said that he never borrowed, they pay, and no oath is needed.

1. Denying a loan is like admitting that it was not paid.

(h) (Mishnah): One that is paid up when the husband is not here must swear.
(i) (Rav Acha): A case occurred. R. Yitzchak said, only a Kesuvah is paid up when the husband is not here, because of grace (to encourage marriage), but not a loan.
(j) (Rava): Even a creditor is paid, so that borrowers should not take the money and go abroad - this would deter people from lending.

(a) (Mishnah - R. Shimon): Whenever she demands payment of her Kesuvah ...
(b) Question: On which case does R. Shimon speak?
(c) Answer #1 (R. Yirmiyah): One that is paid up when the husband is not here must swear - this applies whether she demands food or her Kesuvah;

1. R. Shimon argues - when she demands her Kesuvah, the heirs force her to swear; if not, not.

2. R. Shimon and Chachamim argue as Chanan and Bnei Kohanim Gedolim.

i. (Mishnah): A man went overseas, and his wife demands food. Chanan says, she does not swear now, only when she will collect her Kesuvah;
ii. Bnei Kohanim Gedolim say, she swears now as well.
iii. R. Shimon holds as Chanan; Chachamim hold as Bnei Kohanim Gedolim.

(d) Objection (Rav Sheshes): Our Mishnah says, the heirs make her swear - if the case is as in that Mishnah, it should say, Beis Din makes her swear!
(e) Answer #2 (Rav Sheshes): Rather, R. Shimon speaks on the clause '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'.

1. R. Shimon comes to say, when she claims her Kesuvah, they make her swear; when she does not claim it, they can't make her swear.

(f) They argue as Aba Shaul and Chachamim.

1. (Mishnah): An overseer appointed by the father must swear to the orphans; one appointed by Beis Din does not swear; Aba Shaul says, the opposite - an overseer appointed by Beis Din must swear, one appointed by the father does not swear.
2. R. Shimon holds as Aba Shaul, Chachamim as Chachamim.

(g) Objection (Abaye): The Mishnah says, whenever she demands her Kesuvah - if as you explain, it should say if she demands her Kesuvah!
(h) Answer #3 (Abaye): R. Shimon speaks on the clause '... I, my heirs, or those that come in my stead have no vow or oath on you, your heirs, or those that come in your stead' - he, his heirs, or those that come in his stead cannot impose an oath on her, her heirs, or those that come in her stead.

1. R. Shimon comes to say, whenever she claims her Kesuvah, they can make her swear.

(i) They argue as Aba Shaul Ben Eima Miryam and Chachamim; R. Shimon is as Aba Shaul Ben Eima Miryam, Chachamim are as Chachamim.

1. Objection (Rav Papa): This explains why R. Shimon said, 'Whenever she claims her Kesuvah, they can make her swear' - it does not explain why he concluded, 'if she does not claim her Kesuvah, they cannot make her swear'.

(j) Answer #4 (Rav Papa): This last clause comes to argue on R. Eliezer and the Chachamim that argue on him (86B; both hold that they can make her swear if she was an overseer, even if she does not claim her Kesuvah).