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12th CYCLE DEDICATION
KESUVOS 87 (17 Kislev) - Today's learning is dedicated in loving memory of Professor Dr. Eugene (Mordechai ben Aharon) Heimler, on his 17th yahrzeit, by his beloved wife, Miriam Bracha. May the Zechus of the Torah being learned around the world be an Iluy for his Neshamah.
The Amora'im disagree about whether the husband's release of his wife from making a Shevu'ah also includes Pogemes Kesuvah. (1)
If a wife was released from a Shevu'ah, the heirs may not make her swear unless she manages his property after his death. (2)
The Amora'im disagree about whether the heirs may force the widow to make an oath about the management of the property of her husband between his death and burial.
The property of orphans is sold without an auction for the purpose of paying off taxes, Mezonos, or for the expenses of burial.
Rabah: If one tells his wife "d'Lo Neder" or "d'Lo Shevu'ah," he forfeits his right to make her swear, but his heirs may make her swear.
If one tells his wife "Naki Neder" or "Naki Shevu'ah," there is a dispute about whether she is released from her Neder.
Aba Shaul: Even if the wife is released from making an oath, she may not collect from the orphans without a Shevu'ah.
If the wife collected a portion of her Kesuvah, she may not collect the remainder without a Shevu'ah. (3)
If one witness testifies that the wife collected her Kesuvah, she cannot collect the remainder without a Shevu'ah. (4)
If the wife is collecting her Kesuvah from the buyers of her husband's property or from his orphaned heirs, she must make a Shevu'ah.
If the husband went overseas and the wife is collecting her Kesuvah from his property, she must make a Shevu'ah.
Every Chiyuv Shevu'ah in the Torah is a Chiyuv on the defendant, not on the claimant.
Min ha'Torah there is no Chiyuv Shevu'ah for denying a claim on Karka.
If witnesses testify that the wife collected a portion of her Kesuvah, there is a doubt whether she must make a Shevu'ah.
If the wife collected a portion of the Kesuvah at the rate of less than a Perutah at a time, there is a doubt whether she must make a Shevu'ah.
If a woman admits that her Kesuvah is less than the amount written in the Shtar, she collects it without a Shevu'ah.
A BIT MORE
1. "Pogemes Kesuvah" refers to a woman who collected a portion of her Kesuvah. The law is that she may not collect the remainder without a Shevu'ah. Since she brought upon herself the Shevu'ah of Pogemes Kesuvah, according to one opinion she is not exempt from the Shevu'ah even though her husband released her from taking oaths.
2. If she becomes a manager of the property after his death, the heirs may make her swear for what occurred after the death of her husband, but not for what occurred prior to his death.
3. It is a Chiyuv Shevu'ah mid'Rabanan, because a person who is collecting money is not as heedful as a person who is paying.
4. It is a Chiyuv Shevu'ah mid'Rabanan in order to appease the husband who suspects that the witness is testifying truthfully.
MAKING THE WIDOW SWEAR
Rebbi Masnah says that the heirs may not make the widow swear if she managed the property between the death and burial of her husband. Rashi says that the Shevu'ah to which the Gemara refers is a Shevu'ah that she did not mismanage the sale of the property and sell it for a less than its value. Tosfos disagrees with Rashi and says that the Shevu'ah to which the Gemara refers is a vow that she did not keep some of the property for herself. The Nesivos ha'Mishpat explains that Rashi understands that the Gemara cannot be discussing a Shevu'ah that she did not keep the property for herself; since she also managed the property of her husband after the burial, the heirs can make her take a general oath that she did not keep anything for herself, and that Shevu'ah will also include the period between the death and burial. Therefore, Rashi explains that the Gemara refers to the Shevu'ah that she did not sell the property for a low price before the burial.
One who is Pogem his Shtar may collect the remainder only with a Shevu'ah. What is the case? If the borrower claims that he paid back the entire amount and the lender admits that the loan was partially paid back, the lender may collect the difference only with a Shevu'ah me'Ein Shel Torah. (Shulchan Aruch CM 84:1)
If the lender says, "I remember the first two payments and I do not remember anything about any other payments, the borrower is exempt and the lender must return the Shtar." (S'ma, quoting the Rashba)
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