WHAT PROOF IS NEEDED TO COLLECT A KESUVAH?
(Mishnah): If a woman shows a Get without a Kesuvah, she collects a Kesuvah.
In the following cases, one need not pay:
She shows a Kesuvah without a Get and says that she lost her Get, and he says that (Beis Din tore her Get when he paid her Kesuvah, and) he lost his receipt;
A creditor shows a loan document (from before Shemitah) without a Pruzbul (a document showing that the loan was given over to Beis Din before Shemitah, which permits collecting it after Shemitah).
R. Shimon ben Gamliel says, after there were decrees not to keep Mitzvos (we destroy a Get after it is given and a Pruzbul after it is written), a woman collects her Kesuvah without a Get, and a creditor collects his debt without a Pruzbul.
(Gemara) Question: We learn from our Mishnah that (if a creditor lost his document, we force the borrower to pay and) we write a receipt (even though the borrower might be forced to pay again if he loses the receipt).
If we do not write a receipt, we should be concerned lest she collect with her Get, and show her Kesuvah (after her ex-husband dies, claim that she was widowed) and collect again! (Tosfos - this is difficult for the Amora'im who say that we do not write receipts. Rashi - this is difficult, for the Halachah is we do not write receipts!)
Answer (Rav): (Normally, we do not write receipts.) The Mishnah discusses a place where Kesuvos are not written (so there is no concern).
(Shmuel): The Mishnah discusses even a place where Kesuvos are written.
Question: Does Shmuel hold that we write a receipt?!
Answer (Rav Anan): No. Shmuel explained to me that in a place where Kesuvos are not written, if he claims that he wrote a Kesuvah, he must bring proof (or pay). In a place where Kesuvos are written, if she claims that he did not write a Kesuvah, she must bring proof (to collect).
Rav retracted from what he had said.
Retraction (Rav): Whether or not Kesuvos are written or not in the place, if she shows (only) a Get, she receives the basic Kesuvah (100 or 200, but no additions to this). If she shows (only) a Kesuvah, she receives any Tosefes (but not the basic Kesuvah, lest she collect it again by showing her Get).
Rav: If anyone has any objection to this, say it!
Question (Mishnah): If she shows a Kesuvah without a Get and says that she lost her Get, and he says that he lost his receipt, or if a creditor shows a loan document without a Pruzbul, the husband or borrower need not pay.
Shmuel can establish the Mishnah to be in a place where Kesuvos are not written. He claims that previously she showed her Get, and he was unable to prove that he had written a Kesuvah, and was forced to pay. Therefore, he does not pay now;
But according to Rav, he should pay the Tosefes!
Answer (Rav Yosef): The case is, there are no witnesses who saw the divorce.
Migo (since) he would be believed to say that he never divorced her, he is believed to say that he divorced her and paid the Kesuvah.
Question (Seifa - R. Shimon ben Gamliel): From the time of decrees, a woman collects her Kesuvah without a Get, and a creditor without a Pruzbul.
We must say that she has witnesses who saw the divorce. If not, how can she collect?
Answer: R. Shimon ben Gamliel taught the entire Mishnah. It is abbreviated, and it means as follows:
They do not collect (without a Get or Pruzbul). This is when she does not have witnesses who saw the divorce. If she has witnesses, she collects the Tosefes;
She collects the basic Kesuvah (100 or 200) only if she shows a Get;
From the decrees and onwards, even if she does not show the Get she collects, for R. Shimon says that after the decrees a woman collects her Kesuvah without a Get, and a creditor collects without a Pruzbul.
HOW A WIDOW COLLECTS HER KESUVAH
Question (Rav Kahana to Rav): You hold that the basic Kesuvah is collected only with a Get. How does a widow from Nisu'in collect?
You must say that she collects through witnesses that her husband died. We should be concerned lest she was divorced, and she will collect again with her Get!
Answer #1: The witnesses know that she was living with her husband just before he died.
Question: Perhaps he divorced her right before he died!
Answer: If so, he caused that she will be able to collect twice.
Question: How can a widow from Eirusin collect? If we rely on witnesses that her husband died, we should be concerned lest she was divorced and will collect again with her Get!
Answer (and Answer #2 to Question (a)): When there is no other solution, Rav agrees that we write a receipt.
If not, when she collects with witnesses of death, we should be concerned lest she collect again with other witnesses in a different Beis Din!
WHAT IS THE SOURCE THAT AN ARUSAH GETS A KESUVAH?
Question (Mar Kashisha brei d'Rav Chisda): How do we know that a widow from Eirusin receives a Kesuvah (even if he did not write one)?
Answer #1 (Mishnah): If she is widowed or divorced, whether from Eirusin or Nisu'in, she receives everything (her full Kesuvah).
Rejection: Perhaps that is when he wrote for her a Kesuvah!
Question: If he wrote for her a Kesuvah, this is obvious! Why did the Mishnah need to teach it?
Answer: The Tana teaches unlike R. Eliezer ben Azaryah, who says that he wrote (Tosefes) only on condition that they have Nisu'in.
Support (Mishnah): She collects everything.
This is reasonable if he wrote a Kesuvah. But if he didn't write one, why does it say everything? She is entitled to only 100 or 200!
Answer #2 (Rav Ashi - Rav Chiya bar Avin's Beraisa): If an Arusah dies, her husband is not an Onen. He need not (may not, if he is a Kohen) become Tamei for needs of her burial, and he does not inherit her. Similarly, if he dies she is not an Onenes, and she need not become Tamei for him, but she collects her Kesuvah.
Rejection: Perhaps this is when he wrote a Kesuvah!
Question: If so, this is obvious! What does the Beraisa teach?
Answer: It teaches that when she dies, he does not inherit her (even though he wrote a Kesuvah and was close to Nisu'in).
Question (Rav Nachman): According to Rav, who says that she collects the basic Kesuvah with a Get, we should be concerned lest she collect with it again in another Beis Din!
You cannot say that we tear it up when she collects, for she needs it to prove that she may remarry!
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 WOMAN WHO REMARRIED HER EX-HUSBAND
(Mishnah): If a woman has two Gitin and two Kesuvos, she collects two Kesuvos. (The date of the first Get is in between the dates on the Kesuvos.)
If she has two Kesuvos and one Get (dated after both of them), or one Kesuvah and two Gitin, or one Kesuvah and one Get and witnesses to her husband's death, she collects only one Kesuvah. This is because one who remarries his ex-wife does so on condition that she will receive only her original Kesuvah.
(Gemara) Inference: In the Seifa she can collect either Kesuvah.
Suggestion: This refutes Rav Nachman!
(Rav Nachman): If there are two documents (for the same loan or sale) with different dates, the latter proves that the former is invalid.
Rejection: No. Rav Papa said that Rav Nachman agrees that if the second document adds to the first, even a date tree, it was written for the addition. (She can opt to collect the first from land sold from the earlier date, or the second from the latter date).
Here also, the case is that the second Kesuvah is greater than the first.