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Kesubos 87b

כתובות פ״ז ע״ב

Ketubot 87b

Learn Kesubos 87b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

The oaths a woman takes to collect her כתובה: Torah or rabbinic, and when they apply

Overview

The amud opens with the end of the משנה. רבי שמעון says the heirs can make the widow swear only when she is claiming her כתובה. The גמרא then asks what kind of oath a פוגמת takes, meaning a woman who admits part of her כתובה was already paid. רמי בר חמא suggests it is the Torah's oath of מודה במקצת. רבא rejects this and says it is a rabbinic oath, meant to make her remember exactly what she received. The גמרא then asks three questions about this oath. Does she swear if the partial payment had witnesses? A proof is brought and pushed off. Does listing tiny payments make her believable? That one ends in תיקו. Does a פוחתת, who says the total is smaller but that she received nothing, swear? A ברייתא says she collects without an oath, as long as she claims a private trust agreement. Finally, רמי בר חמא suggests that the oath against one witness who says the כתובה was paid is a Torah oath. רבא again rejects this and calls it a rabbinic oath, meant to put the husband's mind at ease. The amud ends as רב פפא begins a statement that continues on the next amud.

Opening lines

רַבִּי שִׁמְעוֹן אוֹמֵר:

Rabbi Shimon says:

כׇּל זְמַן שֶׁהִיא תּוֹבַעַת כְּתוּבָּתָהּ —

Whenever she claims her marriage contract payment,

הַיּוֹרְשִׁין מַשְׁבִּיעִין אוֹתָהּ,

the heirs make her take an oath.

וְאִם אֵינָהּ תּוֹבַעַת כְּתוּבָּתָהּ —

And if she does not claim her marriage contract payment,

The steps (17)

  1. Statementרבי שמעון: Heirs make her swear only if she claims her כתובה
  2. Statementרמי בר חמא: Her oath is the Torah's oath for a partial admission
  3. Rejectionרבא gives two reasons it cannot be a Torah oath
  4. Conclusionרבא: It is a rabbinic oath that makes her remember carefully
  5. QuestionDoes she swear if the partial payment was made in front of witnesses?
  6. ProofAttempted proof from the list of people who swear and collect
  7. RejectionThe proof is rejected: the משנה means 'it goes without saying'
  8. QuestionDoes listing tiny payments make her trustworthy?
  9. ConclusionThe question stays unresolved
  10. QuestionDoes a woman who lowers her כתובה amount have to swear?
  11. ResponseA ברייתא says the woman who lowers her amount collects without an oath
  12. ChallengeHow can she collect with a document she says is false?
  13. ResolutionShe claims there was a private trust agreement
  14. Statementרמי בר חמא suggests the one-witness oath is from the Torah
  15. Rejectionרבא gives two reasons the oath cannot be from the Torah
  16. Statementרבא says the oath is rabbinic, to reassure the husband
  17. Statementרב פפא begins a new statement