Ketubot 89

גובה כתובתה

she collects payment of her marriage contract, and he cannot claim that he already paid it.

כתובה ואין עמה גט היא אומרת אבד גיטי והוא אומר אבד שוברי וכן בעל חוב שהוציא שטר חוב ואין עמו פרוזבול הרי אלו לא יפרעו

If she produced a marriage contract, and it was unaccompanied by a bill of divorce, and she says: My bill of divorce was lost, and he says: Just as your bill of divorce was lost, so too my receipt for the payment of your marriage contract was lost; and likewise, in a case of a creditor who produced a promissory note after the Sabbatical Year, unaccompanied by a document that prevents the Sabbatical Year from forgiving an outstanding debt [prosbol], and demanded payment of the debt, these debts may not be collected.

רבן שמעון בן גמליאל אומר מן הסכנה ואילך אשה גובה כתובתה שלא בגט ובעל חוב גובה שלא בפרוזבול:

Rabban Shimon ben Gamliel says: From the time of danger and onward, after the ruling authorities banned the performance of mitzvot, people would destroy a bill of divorce or a prosbol immediately after they were signed, a woman collects payment of her marriage contract without a bill of divorce, and a creditor collects debts owed to him without a prosbol. The assumption is that due to the circumstances these documents were written but were not preserved.

גמ׳ שמע מינה כותבין שובר דאי אין כותבין שובר ליחוש דלמא מפקא לה לכתובתה וגביא בה

GEMARA: Conclude from the mishna that when one repays a debt, the creditor writes a receipt and gives it to the debtor as proof of payment, as, if one does not write a receipt, then in the case in the mishna where she receives payment of her marriage contract by producing her bill of divorce, let us be concerned lest she produce her marriage contract in a different court and collect payment with it a second time. In the absence of a receipt, the husband cannot prove that the debt was paid.

אמר רב במקום שאין כותבין כתובה עסקינן ושמואל אמר אף במקום שכותבין כתובה

Rav said: That is no proof, as we are dealing with a place where one does not write a marriage contract. In those places, there is a general stipulation of the Sages that a husband must pay his wife the sum of the marriage contract even if no document was written. Therefore, there is no concern lest she produce the marriage contract at a later stage. And Shmuel said that the mishna is referring even to a place where one writes a marriage contract, which she claims to have lost.

ולשמואל כותבין שובר אמר רב ענן לדידי מיפרשא לי מיניה דמר שמואל במקום שאין כותבין ואמר כתבתי עליו להביא ראיה במקום שכותבין ואמרה לא כתב לי עליה להביא ראיה

The Gemara asks: And according to Shmuel, does one in fact write a receipt? Rav Anan said: It was explained to me personally by the Sage Shmuel himself: The mishna is addressing two different cases. In a place where one does not write a marriage contract and the husband said: I wrote a marriage contract, it is incumbent upon him to bring proof that he wrote one. In that case, she cannot collect payment without producing the document. In a place where one writes a marriage contract and she said: He did not write one for me, she must bring proof that he did not write a marriage contract. Only then can she collect payment without one.

ואף רב הדר ביה דאמר רב בין במקום שכותבין בין במקום שאין כותבין גט גובה עיקר כתובה גובה תוספת וכל הרוצה להשיב יבא וישיב

And even Rav retracted his interpretation of the mishna, as Rav said the following ruling: Both in a place where one writes a marriage contract and in a place where one does not write a marriage contract, if she produces only a bill of divorce, she collects the main sum of the marriage contract. The Sages established minimum sums to serve as the principal payment of the marriage contract: Two hundred dinars for a virgin and one hundred for a non-virgin. If she produces a marriage contract that specifies a larger sum, she collects only the additional sum and not the main sum, as there is a concern that she collected the main sum previously by producing the bill of divorce. And whoever wishes to challenge this solution, let him come and challenge it. There is no longer any possibility of deceit, as she will gain nothing by producing the marriage contract in a second court after having collected her marriage contract by producing her bill of divorce in a first court.

תנן כתובה ואין עמה גט היא אומרת אבד גיטי והוא אומר אבד שוברי וכן בעל חוב שהוציא שטר חוב ואין עמו פרוזבול הרי אלו לא יפרעו

The Gemara objects: We learned in the mishna: If she produced a marriage contract, and it was unaccompanied by a bill of divorce, and she says: My bill of divorce was lost, and he says: Just as your bill of divorce was lost, so too my receipt for the payment of your marriage contract was lost; and likewise, in a case of a creditor who produced a promissory note after the Sabbatical Year, unaccompanied by a prosbol, and demanded payment of the debt, these debts may not be collected.

בשלמא לשמואל מוקי לה במקום שאין כותבין ואמר כתבתי דאמרינן ליה אייתי ראיה ואי לא מייתי ראיה אמרינן ליה זיל פרעיה

The Gemara presents the question: Granted, according to Shmuel, this is reasonable. He establishes the mishna as referring to a place where the common practice is that one does not write a marriage contract, and the husband previously had said: I wrote one, and therefore did not want to pay the marriage contract when she produced the bill of divorce, as he was concerned that she would later produce the marriage contract and demand payment again. As in that case we say to him, according to Shmuel: Bring proof that you wrote a marriage contract, and if he does not bring proof, we say to him: Go and pay her based on the bill of divorce. Now, when she produces her marriage contract and the husband claims that he paid her by means of the bill of divorce and has lost the receipt, the mishna rules that this debt cannot be collected.

אלא לרב נהי דעיקר לא גביא תוספת מיהא תיגבי

The Gemara completes the question: However, according to Rav, why does the mishna state that the debt cannot be collected? Although she cannot now collect the main sum of her marriage contract, because he can claim that she already received this sum in a different court by means of her bill of divorce, she should be able to collect the additional sum by virtue of the marriage contract, as she could not have received that by producing the bill of divorce alone.

אמר רב יוסף הכא במאי עסקינן כשאין שם עדי גירושין מיגו דיכול למימר לא גירשתיה

Rav Yosef said: With what are we dealing here? It is a case where there are no witnesses to the divorce present there. Since the husband can say: I did not divorce her and she is entitled to nothing,

יכול למימר גירשתיה ונתתי לה כתובתה

he can also say: I divorced her and gave her the payment of her marriage contract.

הא מדקתני סיפא רבן שמעון בן גמליאל אומר מן הסכנה ואילך אשה גובה כתובתה שלא בגט ובעל חוב שלא בפרוזבול בדאיכא עדי גירושין עסקינן דאי ליכא עדי גירושין במאי גביא

The Gemara asks: From the fact that the last clause of the mishna teaches that Rabban Shimon ben Gamliel says: From the time of danger and onward, a woman collects payment of her marriage contract without a bill of divorce, and a creditor collects payment without a prosbol, apparently we are dealing with a case when there are witnesses to the divorce. As, if there are no witnesses to the divorce, with what proof does she collect the marriage contract? The mishna must be referring to a case where there are witnesses present, and therefore the husband cannot claim that he never divorced her.

אלא כולה רבן שמעון בן גמליאל היא וחסורי מיחסרא והכי קתני הרי אלו לא יפרעו במה דברים אמורים כשאין שם עדי גירושין אבל יש שם עדי גירושין גביא תוספת ועיקר אי מפקא גיטא גביא ואי לא מפקא גיטא לא גביא

Rather, the Gemara rejects the previous explanation and explains: The entire mishna is according to the opinion of Rabban Shimon ben Gamliel, and the mishna is incomplete and is this is what it is teaching: These debts may not be collected. In what case is this statement said? It is when there are no witnesses to the divorce present there. However, if there are witnesses to the divorce present there, she collects the additional sum listed in the document and not the main sum, lest she later produce the bill of divorce and demand payment a second time. And as for the main sum of the marriage contract, if she produces a bill of divorce, she collects it. But if she does not produce a bill of divorce, she does not collect it.

ומן הסכנה ואילך אף על גב דלא מפקא גיטא גביא שרבן שמעון בן גמליאל אומר מסכנה ואילך אשה גובה כתובתה שלא בגט ובעל חוב שלא בפרוזבול

The Gemara continues the modified version of the mishna: And from the time of danger and onward, even if she does not produce a bill of divorce, she collects the main sum of her marriage contract as well, as Rabban Shimon ben Gamliel says: From the time of danger and onward a woman collects payment of her marriage contract without a bill of divorce, and a creditor collects payment without a prosbol.

אמרי ליה רב כהנא ורב אסי לרב לדידך דאמרת גט גובה עיקר אלמנה מן הנשואין במאי גביא בעדי מיתה וליחוש דלמא גירשה ומפקא לגיטא וגביא ביה ביושבת תחת בעלה

Rav Kahana and Rav Asi said to Rav: According to your opinion, that you said that a woman who produces a bill of divorce collects the main sum, then in the case of a widow from marriage, with what proof does she collect the main sum of her marriage contract, as she has no bill of divorce? She can claim the main sum with witnesses to his death. But shouldn’t we be concerned that perhaps he divorced her before he passed away, and after receiving her marriage contract by means of the witnesses to his death, she will produce the bill of divorce he gave her and collect payment with it a second time? Rav answered: She can collect payment with witnesses to her husband’s death only when she was living under the jurisdiction of her husband the entire time, and it is clear that he did not divorce her.

ודלמא סמוך למיתה גירשה איהו הוא דאפסיד אנפשיה

The Gemara raises a difficulty: But perhaps he divorced her near his death, in which case it is not known that she was divorced. She could then demand payment for her marriage contract twice. The Gemara answers: In that case, it is he who caused his own loss, by failing to inform others of the divorce, and it is not necessary to be concerned that such a situation could occur.

אלמנה מן האירוסין במאי גביא בעדי מיתה וליחוש דלמא גירשה ומפקא גיטא וגביא

Rav Kahana and Rav Asi asked Rav another question: With what proof can a widow from betrothal collect her marriage contract? She can collect the payment with witnesses to his death. But once again, shouldn’t we be concerned that perhaps he divorced her beforehand, and after receiving her marriage contract based on the evidence of the witnesses, she will produce the bill of divorce he gave her and collect a second time with it? Since a betrothed woman does not live with her husband, there would be no indication that he had divorced her.

אלא במקום דלא אפשר כתבינן שובר דאי לא תימא הכי עדי מיתה גופייהו ניחוש דלמא מפקא עדי מיתה בהאי בי דינא וגביא והדר מפקא בבי דינא אחרינא וגביא אלא ודאי במקום דלא אפשר כתבינן שובר

Rather, it must be that wherever it is not possible otherwise to know if a woman already received her marriage contract, one writes a receipt, as if you do not say so with regard to the witnesses to his death themselves, we should be concerned that perhaps she will bring out witnesses to his death in this court and collect payment for her marriage contract, and again bring out witnesses in a different court and collect payment for her marriage contract a second time. This could continue many times. Rather, it must certainly be the case that wherever it is not possible otherwise to know if a woman already received her marriage contract, one writes a receipt.

אמר ליה מר קשישא בריה דרב חסדא לרב אשי אלמנה מן האירוסין מנלן דאית לה כתובה אילימא מהא נתארמלה או נתגרשה בין מן האירוסין בין מן הנשואין גובה את הכל דלמא דכתב לה

Mar the Elder, son of Rav Ḥisda, said to Rav Ashi: From where do we know that a widow from betrothal has a marriage contract? Perhaps the Sages instituted the marriage contract only for married women. If we say that it is derived from this mishna (54b): If a woman is widowed or divorced, whether from betrothal or whether from marriage, she collects the entire amount of her marriage contract, including the additional sum, this mishna is not proof. Perhaps the mishna is referring to a case where he wrote a marriage contract for her on his own accord. That does not prove that there is an enactment of the Sages that a husband must write a marriage contract for his betrothed.

וכי תימא אי כתב לה מאי למימרא לאפוקי מדרבי אלעזר בן עזריה דאמר שלא כתב לה אלא על מנת שהוא כונסה

And if you would say in response that if that mishna is referring to a case where he wrote the marriage contract for her, what is the purpose of stating that she collects the entire sum, since it is clear that she receives the full amount, as she has the document in her possession; perhaps this is meant to exclude the statement of Rabbi Elazar ben Azarya, who said that a betrothed woman who was divorced or widowed is not entitled to the additional sum written in the marriage contract, as the groom wrote this additional amount for her only in order to marry her.

דיקא נמי דקתני גובה את הכל אי אמרת בשלמא דכתב לה משום הכי גובה את הכל אלא אי אמרת דלא כתב לה מאי גובה את הכל מנה מאתים הוא דאית לה

The Gemara comments: The language of the mishna is also precise, that it is referring to a case where he wrote the marriage contract for her, as it teaches: She collects the entire amount. Granted, if you say that he wrote a marriage contract for her, it is due to that reason that she collects the entire amount, both the main sum and additional sum written in the marriage contract. But if you say that he did not write a marriage contract for her, and she collects a payment only because of the rabbinic ordinance, what is the meaning of: She collects the entire sum? She has only one hundred dinars or two hundred dinars, as enacted by the Sages, and no more. The phrase: Entire sum, is inappropriate according to this opinion.

ואלא מדתני רב חייא בר אבין אשתו ארוסה לא אונן ולא מיטמא לה וכן היא לא אוננת ולא מיטמאה לו מתה אינו יורשה מת הוא גובה כתובתה

But rather, the proof that a widow from betrothal receives a marriage contract is from that which was taught by Rav Ḥiyya bar Avin: Upon the death of one’s betrothed wife, he does not receive the status of an acute mourner, one whose close relative has died but has not yet been buried, nor become impure if he is a priest. And likewise, she neither receives the status of an acute mourner nor becomes impure for him. If she dies, he does not inherit from her. If he dies, she collects payment of her marriage contract. This shows that a widow from betrothal receives a marriage contract.

דלמא דכתב לה וכי תימא אי כתב לה מאי למימרא מתה אינו יורשה איצטריכא ליה

The Gemara refutes this proof in the same manner as before: Perhaps this is referring to a case where he wrote a marriage contract for her on his own accord. And if you would say in response that if that mishna is referring to a case where he wrote the marriage contract for her, what is the purpose of stating that she collects the payment, as this is obvious and teaches nothing new; perhaps it was necessary for him to mention that despite the fact that the man wrote a marriage contract for her, if she dies, he does not inherit from her. The discussion concludes without a source for the halakha that a widow from betrothal receives a marriage contract.

אמר ליה רב נחמן לרב הונא לרב דאמר גט גובה עיקר ליחוש דלמא מפקא גיטא בהאי בי דינא וגביא והדרא מפקא בבי דינא אחרינא וגביא וכי תימא דקרעינן ליה אמרה בעינא לאנסובי ביה

Rav Naḥman said to Rav Huna: According to Rav, who said that if she produces a bill of divorce she can collect the main sum of her marriage contract, shouldn’t there be a concern lest she produce the bill of divorce in this court and collect with it, and again produce it in a different court and collect with it? And should you say that we tear it, as the court does to other documents that have been paid, she will not let us do so, for she will say: I do not want you to tear the bill of divorce because I need it, so that when I want to marry again I can prove with it that I am divorced.

דקרעינן ליה וכתבינן אגביה גיטא דנן קרענוהי לאו משום דגיטא פסול הוא אלא דלא תיהדר ותיגבי ביה זמנא אחרינא:

Rav Huna responded: The solution is that we tear it and write the following on its back: We tore this bill of divorce, not because it is an invalid bill of divorce, but in order that she not return and collect with it another time.

מתני׳ שני גיטין ושתי כתובות גובה שתי כתובות

MISHNA: If a woman had two bills of divorce and two marriage contracts as a result of her divorce and remarriage to the same man, the fact that she is in possession of these documents proves that she was never paid for her first marriage contract, and she collects two marriage contracts.

שתי כתובות וגט אחד או כתובה ושני גטין או כתובה וגט ומיתה אינה גובה אלא כתובה אחת שהמגרש את אשתו והחזירה על מנת כתובה הראשונה מחזירה:

If she was in possession of two marriage contracts and only one bill of divorce; or if she had one marriage contract and two bills of divorce; or if she had a marriage contract, a bill of divorce, and witnesses to her husband’s death after their remarriage, she collects payment of only one marriage contract. This is because there is a presumption that one who divorces his wife and remarries her, remarries her with the intention of using her first marriage contract, and she agrees that she collects payment of only the original document. This is the presumption, unless he wrote another marriage contract for her.

גמ׳ אי בעיא בהאי גביא אי בעיא בהאי גביא

GEMARA: The mishna states that if she had two marriage contracts and one bill of divorce, she can collect only one marriage contract. However, it does not specify which marriage contract she can claim. Does this mean that if she desires, she can collect payment of the marriage contract with this one, and if she desires, she can collect payment with that one? In that case, if she prefers she can use the document that promises the larger sum, and if she prefers to use the marriage contract with the earlier date in order to be able to collect property that her husband had sold to others between the dates on the two documents, she may collect with that one.

לימא תיהוי תיובתא דרב נחמן אמר שמואל דאמר רב נחמן אמר שמואל שני שטרות היוצאין בזה אחר זה ביטל שני את הראשון

The Gemara asks: If that is the case, let us say that it is a conclusive refutation of a statement that Rav Naḥman said that Shmuel said, as Rav Naḥman said that Shmuel said: If there are two documents that are issued one after the other, each recording the same transaction of a sale or a gift and they are separated by a few days, it is assumed that the second document cancels the first one. Why not say in this case as well that the second marriage contract voids the first one?

לאו אתמר עלה אמר רב פפא ומודה רב נחמן דאי אוסיף ביה דיקלא לתוספת כתביה הכא נמי בדאוסיף לה

The Gemara answers: Was it not stated with regard to the halakha Rav Naḥman quoted in the name of Shmuel that Rav Pappa said: And Rav Naḥman concedes that if he added to the transaction detailed in the second document a palm tree that was not mentioned in the first document, this shows that he did not intend to cancel the first document. Rather, he wrote the second document as an addition to the first document. Here too, the Gemara is dealing with a case when he added an additional sum for her in the second marriage contract. This proves that he wanted to add to the first marriage contract, and not to void it.

תנו רבנן הוציאה גט וכתובה ומיתה

The Sages taught: If she produced a bill of divorce, a marriage contract, and witnesses to her husband’s death,