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1) WHAT PROOF IS NEEDED TO COLLECT A KESUVAH?

(a) (Mishnah): A woman shows a Get, without a Kesuvah - she collects a Kesuvah;
(b) In the following cases, one is not obligated to pay:

1. She shows a Kesuvah without a Get - she says, she lost her Get; he says, he lost his receipt;
2. A creditor shows a loan document without a Pruzbul (a document showing that the loan was handed to Beis Din before Shemitah - such a loan may be collected after Shemitah).

(c) R. Shimon Ben Gamliel says, after there were decrees not to keep Mitzvos, a woman collects her Kesuvah without a Get, and a creditor collects his debt without a Pruzbul.
(d) (Gemara): We hear from our Mishnah that (a creditor that lost his document is paid, and) we write a receipt (even though if the borrower loses the receipt, he may have to pay again).

1. If we do not write a receipt - we should be concerned, she may later show her Kesuvah and collect again!

(e) Rejection #1 (Rav): There is no proof - the Mishnah is a case where Kesuvos are not written (so there is no concern).
(f) (Shmuel): The Mishnah deals even in a place where Kesuvos are written.
(g) Question: Does Shmuel really hold that we write a receipt?
(h) Answer: (Rav Anan): No - Shmuel says, in a place where Kesuvos are not written, if he claims that he wrote a Kesuvah, he must bring proof; in a place where Kesuvos are written, if she claims that he did not write a Kesuvah, she must bring proof.
(i) Rav retracted from what he had said.

1. Retraction (Rav): Whether in a place where Kesuvos are written or not, if she shows a Get, she receives the basic Kesuvah (100 or 200); if she shows a Kesuvah, she receives any addition to the basic Kesuvah.
2. Rav: Anyone who has any objection to this - let him say it!

(j) (Mishnah): She shows a Kesuvah without a Get - she says, she lost her Get; he says, he lost his receipt; similarly, a creditor shows a loan document without a Pruzbul - they do not collect.

1. We understand Shmuel - he establishes the Mishnah in a place where Kesuvos are not written. Previously, she showed her Get, and he was not able to prove that he had written a Kesuvah, and was forced to pay - therefore, he does not pay now.
2. Question: According to Rav, he should pay the addition!
3. Answer (Rav Yosef): The case is, there are no witnesses that saw the divorce.

i. Since he would have been believed if he claimed that he never divorced her, he is believed to say that he divorced her and paid the Kesuvah.

4. Question: In the end of the Mishnah, R. Shimon Ben Gamliel says, from the time of decrees, a woman collects her Kesuvah without a Get, and a creditor without a Pruzbul!

i. The case must be, she has witnesses that saw the divorce - if not, how can she collect?

5. Answer: R. Shimon Ben Gamliel taught the entire Mishnah, in abbreviated form.

i. He says: These do not collect - this applies when she does not have witnesses that saw the divorce; if she has witnesses, she collects the addition to the Kesuvah;
ii. She only collects the basic Kesuvah (100 or 200) if she has a Get;
iii. From the decrees and onwards, even if she does not have the Get, she collects, since R. Shimon Ben Gamliel says, from the time of decrees, a woman collects her Kesuvah without a Get, and a creditor without a Pruzbul.

(a) Question (Rav Kahana to Rav): You hold that the basic Kesuvah is only collected with a Get - how does a widow from Nesu'in collect?
(b) Answer (Rav): With witnesses that her husband died.
(c) Question: We should be concerned, she was divorced, and will collect again with her Get!
(d) Answer: The witnesses know that she was living with her husband.
(e) Question: Perhaps he divorced her right before he died!
(f) Answer: If so, he caused that she will be able to collect twice.
(g) Question: A widow from engagement, how will she collect - if with witnesses that her husband died, we should be concerned, she was divorced, and will collect again with her Get!
(h) Answer: When there is no other solution, Rav admits that we write a receipt.

1. If not - when she collects with witnesses of death, we should be concerned that she will collect again with other witnesses in a different Beis Din!

(i) Question (Mar Kashisha Brei d'Rav Chisda): How do we know that a widow from engagement receives a Kesuvah?

1. Suggestion: If from the Mishnah which says, 'If she is widowed or divorced, whether from engagement or Nesu'in, she receives her full Kesuvah - perhaps that is a case in which he wrote her a Kesuvah!
2. Question: If he wrote her a Kesuvah, this is obvious, why did the Mishnah have to teach it?
3. Answer: To argue on R. Eliezer Ben Azaryah, who says that he only wrote (an addition on the basic Kesuvah) on condition that they have Nesu'in.

i. The case must be, he wrote a Kesuvah - it says, she collects the full Kesuvah - if he wrote one, this makes sense.
ii. Question: If he didn't write one - what does it mean, she collects the full Kesuvah - she is only entitled to 100 or 200!

(j) Answer (Rav Ashi): We learn from the following.

1. (R. Chiya Bar Avin - Beraisa): If a man's engaged wife dies, he is not an Onen, he has no Mitzvah to become Tamei by engaging in her burial; and he does not inherit her; similarly, if he dies, she is not an Onenes, and she has no Mitzvah to become Tamei by engaging in his burial, but she collects her Kesuvah.

(k) Objection Perhaps this applies when he wrote a Kesuvah!

1. Question: If so, this is obvious - what does the Beraisa teach?
2. Answer: It teaches that when she dies, he does not inherit her.

(l) Question (Rav Nachman): According to Rav, who says that she collects the basic Kesuvah with a Get - we should be concerned, she will collect with it again in another Beis Din!

1. Suggestion: If you will say, we tear it up when she collects - but she needs it to prove that she may remarry!

(m) Answer (Rav Huna): We tear it, and write on the back that it was not torn because it is invalid, rather, so she should not collect the Kesuvah again.

(a) (Mishnah): If a woman has 2 Gets and 2 Kesuvos - she collects 2 Kesuvos;
(b) If she has 2 Kesuvos and 1 Get, or 1 Kesuvah and 2 Gitin, or 1 Kesuvah and 1 Get and (witnesses to her husband's) death, she only collects 1 Kesuvah, since a man that remarries his ex-wife does so on condition that she will only receive her original Kesuvah.
(c) (Gemara) Question: Can she really collect either Kesuvah?

1. Suggestion: This refutes Rav Nachman!

i. (Rav Nachman): 2 documents with different dates - the latter proves that the former is invalid.

2. Rejection: No - Rav Papa said, Rav Nachman admits that if the 2nd document adds to the 1st, even a date tree, it was written for the addition (and both are valid).

i. Here also, the case is, the 2nd Kesuvah is greater than the 1st.

(d) (Beraisa): If she has a Get, a Kesuvah and witnesses of death - if the Get is before the Kesuvah, she collects 2 Kesuvos; if the Kesuvah is before the Get, she collects 1 Kesuvah.