REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
If one witness testifies that the woman collected her Kesuvah, the husband gives her the Kesuvah a second time in front of two witnesses, and she must make a Shevu'ah mid'Oraisa. (1)
Even orphans who are collecting a Chov from other orphans may collect only with a Shevu'ah.
If the orphans of the borrower deny the loan entirely, the Ba'al Chov may collect without a Shevu'ah. (2)
Rebbi Yitzchak: One may collect a Kesuvah even if the husband is overseas, but a Ba'al Chov may not collect a debt if his debtor is oversees. (3)
Rava: All Ba'alei Chov may collect their debt from their debtor even though he is overseas. (4)
Chanan: A woman does not need to make a Shevu'ah when she collects Mezonos when her husband is overseas. She swears only when she collects her Kesuvah.
The Bnei Kohanin Gedolim rule that a woman must make a Shevu'ah if she is collecting Mezonos while her husband is overseas.
The Tana Kama rules that a property manager appointed by the father of the orphans must make a Shevu'ah, but not one who was appointed by the Beis Din. (5)
Aba Shaul holds that a caretaker who was appointed by the Beis Din must take a Shevu'ah, but not if was appointed by the father of the orphans. (6)
Rebbi Shimon holds that a widow must swear when she collects her Kesuvah from the orphans even if her husband released her from a Shevu'ah.
REBBI SHIMON HOLDS THAT A HUSBAND MAY NOT MAKE HIS WIFE TAKE A SHEVU'AH EVEN IF SHE IS MANAGING HIS STORE OR IS A CARETAKER OF HIS PROPERTY.
A BIT MORE
1. The husband may claim that his first payment to her was repayment of a loan. If she denies it she must swear, since one witness testifies that she received the money and it is not a denial of a Shibud Karka. However, she may claim that she had two Kesuvos and that is why she received the money twice. Therefore, the husband must tell the witnesses that he is giving her the Kesuvah a second time because she denied that she received it the first time. Once he notifies the witnesses, she no longer may claim that she had two Kesuvos because it is uncommon for a woman to have more than one Kesuvah.
2. When one claims that he did not borrow, he is effectively admitting that he did not pay back.
3. The Chachamim were lenient in the case of a woman collecting her Kesuvah because of "Chen" -- so that women will not be reluctant to get married out of fear that they will be unable to collect their Kesuvah.
4. This is so that debtors will not escape from paying their debts by going overseas, and as a result cause lenders not to lend to other potential borrowers.
5. The Chachamim maintain that if we make him swear that he was not negligent with the property when he was appointed by Beis Din, he will be reluctant to agree to become a caretaker. However, if he was appointed by the father he will not be reluctant, because if the father had not done favors for him, he would not have been appointed.
6. Aba Shaul maintains that if we make him swear when he was appointed by the father, he will be reluctant to agree to become a caretaker. If he was appointed by Beis Din he will feel so good that Beis Din regards him as trustworthy that he will take the job even of he has to swear.
|
BRIEF INSIGHT
ORPHANS COLLECTING FROM ORPHANS
Even orphans who are collecting a debt from other orphans may collect only with a Shevu'ah. The Ritva says that there is a difference between when orphans collect from other orphans and when the borrower collects from orphans. When the borrower collects from orphans, he must always swear, even if the orphans do not make a claim asking him to swear. The reason he must swear is that Beis Din makes the claim on behalf of the orphans. However, when orphans collect from other orphans and the claimants do not make a claim asking the defendants to swear, Beis Din does not make the claim for them, because Beis Din does not make a claim for one set of orphans at the expense of other orphans.
QUICK HALACHAH
COLLECTING FROM A BORROWER WHO IS OVERSEAS
If a lender, who has a validated Shtar, is attempting to collect from a borrower who is overseas, and the borrower is within a thirty- day round trip, Beis Din sends a Shali'ach at the lender's expense in order to notify the borrower. The lender recovers the expense form the borrower when he collects his debt. If the borrower is not within a thirty-day round trip, Beis Din allows the lender to collect his debt from the borrower's property after he makes a Shevu'ah. (Shulchan Aruch CM 106:1)
Beis Din notifies the borrower, when he is in close proximity, because of the concern for the possibility that he has paid off this debt and he in possession of a receipt for his payment. (S'ma)
|
Next Daf
Index to Revach for Maseches Kesuvos
|
