Gittin 35a
גיטין ל״ה ע״א
Learn Gittin 35a step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Why courts stopped making an אלמנה swear for her כתובה, and how far that rule reaches
Overview
This amud discusses the משנה's rule that courts stopped making an אלמנה take a שבועה before collecting her כתובה from the יתומים. The גמרא first suggests the reason is the story of a widow who swore, truthfully as far as she knew, about a deposited gold dinar, and lost a child. Then it asks why a גרושה still swears, and answers that an אלמנה, who works hard for the orphans, may talk herself into swearing falsely. Next come two versions of what רב and שמואל held: does the rule apply only in בית דין, or even outside it? In the נהרדעא version, רב never lets a widow swear, which is why he never collects a כתובה for her. Stories follow about widows before רב הונא and רבה בר רב הונא, including the rule that a widow who swears on her own (קופצת) may collect. רב יהודה then gives a way to let widows collect: a נדר in court and a שבועה outside it. Finally, the גמרא returns to שמואל's statement that a גרושה is made to swear. It challenges it with a letter from ארץ ישראל about a divorcée who collected with only a נדר, and that discussion continues on the next amud.
Opening lines
מִשּׁוּם חִינָּא
Because of desirability
אַקִּילוּ רַבָּנַן גַּבַּהּ,
the Sages were lenient with her,
קָא מַשְׁמַע לַן.
it teaches us [that this is not so].
נִמְנְעוּ מִלְּהַשְׁבִּיעָהּ:
They refrained from making her swear:
The steps (25)
- ResolutionThe משנה needed to say this, so we would not think חכמים were lenient
- QuestionWhy did the courts stop making widows swear?
- ResponseA suggested reason: the story of the widow and the gold dinar
- StatementThe widow swears she did not benefit, and her child dies
- StatementThe lesson of חכמים: a false oath is far worse
- QuestionWhy was she punished if she told the truth?
- QuestionHow can her oath be called true?
- ResponseShe was like someone who swore truthfully
- ChallengeThen why not a divorced woman too?
- ResolutionA widow is different
- StatementOnly in court is she not made to swear
- ChallengeBut רב never collects for a widow
- ConclusionThe difficulty remains
- StatementThe נהרדעא version of רב and שמואל
- Resolutionרב is consistent with his own practice
- ChallengeWhy not have her take a vow instead?
- ResolutionIn רב's time vows were taken lightly
- StatementA widow swears on her own before רב הונא
- Conclusionרב agrees when she swears on her own
- StatementA widow comes before רבה בר רב הונא
- StatementThe widow asks for food money and is refused
- StatementThe widow's curse and its effect
- Statementרב יהודה's method to let widows collect
- Statementשמואל limits the משנה to a widow
- ChallengeA letter from ארץ ישראל shows a divorcée collecting with only a vow