Mishnah Ketubot 9

¹If a husband writes to his wife, “I have no claim whatsoever upon your property”, he may enjoy its usufruct during her lifetime and, when she dies, he is her heir. If so, why might he have written to her, “I have no claim whatsoever upon your property”?That if she sold it or gave it away her act is valid. If he wrote, “I have no claim whatsoever upon your property and upon their produce”, he may not enjoy their usufruct during her lifetime but, when she dies, he inherits her. Rabbi Judah says: he may in all cases enjoy the usufruct from the usufruct unless he wrote to her: “I have no claim whatsoever upon your property and upon its produce and the produce of its produce and so on without end.” If he wrote, “I have no claim whatsoever upon your property, its produce and the produce of its produce during your lifetime and after your death”, he may neither enjoy it produce during her lifetime nor does he inherit her when she dies. Rabban Shimon ben Gamaliel says: when she dies he inherits her because [by his declaration] he is making a condition which is contrary to what is written in the Torah and whenever a man makes a condition which is contrary to what is written in the Torah, his condition is null and void. ²A man died and left a wife, a creditor, and heirs and he also had a deposit or a loan in the possession of others: Rabbi Tarfon says: It shall be given to the one who is under the greatest disadvantage. Rabbi Akiva says: We do not show mercy in a matter of law. Rather it shall be given to the heirs, for whereas all the others must take an oath the heirs need not take any oath. ³If he left produce that was detached from the ground, whoever seizes it first acquires possession. If the wife took possession of more than the amount of her ketubah, or a creditor of more than the value of his debt, the balance: Rabbi Tarfon says: it should be given to the one who is under the greatest disadvantage. Rabbi Akiva says: we do not show mercy in a matter of law. Rather it shall be given to the heirs, for whereas all the others must take an oath the heirs need not take any oath. ⁴If a husband set up his wife as a shopkeeper or appointed her guardian he may impose upon her an oath whenever he wants. Rabbi Eliezer said: even in respect of her spindle and her dough. ⁵If he (the husband) wrote to her (his wife), “I have no claim upon you for either a vow or an oath”, he cannot make her swear an oath. However, he may make her heirs and upon those who have done business with her swear an oath. [If he wrote,] “I have no claim upon you for either a vow or an oath nor upon your heirs nor upon those who have done business with you”, he may not impose an oath either upon her or upon her heirs or upon those who have done business with you. However his heirs may impose an oath upon her or upon her heirs or upon those who have done business with her. [If he wrote] “Neither I nor my heirs nor those who have done business with me shall have any claim upon you or upon your heirs or upon those who have done business with you for either a vow or an oath”, neither he nor his heirs nor those who have done business with him may impose an oath either upon her or upon her heirs or upon those who have done business with her. ⁶If she went from her husband’s grave to her father’s house, or returned to her father-in-law’s house but was not made a guardian, the heirs may not make her swear an oath. But if she was made a guardian the heirs may make her swear an oath in respect of [her administration] during the subsequent period but not in respect of the past. ⁷A woman who impairs her kethubah is not paid except by an oath. If one witness testifies against her that [her kethubah] has been paid, she is not be paid except by an oath. From the property of orphans, from property with a lien on it and [from the property of] an husband who is not present she is not paid except by an oath. ⁸“A woman who impairs her kethubah”: How is this so? If her ketubah was for a thousand zuz and [her husband] said to her, “You have already received your kethubah”, and she says, “I received only a maneh”, she is not paid [the balance] except by an oath. “If one witness testifies against her that [her kethubah] has been paid”: How is this so? If her ketubah was for a thousand zuz and [her husband] said to her, “You have already received your ketubah”, and she says, “I have not received it” and one witness testifies against her that [the ketubah] has been paid, she is not paid except by an oath. “From property with a lien on it”: How is this so? He had sold his property to others and she seeks to recover payment from the buyers, she is not paid except by an oath. “From the property of orphans”: How is this so? He died and left his estate to his orphans and she seeks to recover payment from the orphans, she is not paid except by an oath. “An husband who is not present” How is this so? If her husband went to a country beyond the sea and she seeks to recover payment in his absence, she is not paid except by an oath. Rabbi Shimon says: whenever she claims her ketubah the heirs may impose an oath upon her but whenever she does not claim her ketubah the heirs can not impose an oath upon her. ⁹If she produced a get without a ketubah, she collects her kethubah. [If she produced her] ketubah without a get, and she says, “My get was lost”, and he says, “My receipt was lost”, and also a creditor who produced a debt document that was unaccompanied by a prosbul, these are not paid back. Rabban Shimon ben Gamaliel says: from the time of danger a woman collects her ketubah with out a get and a creditor collects [his debt] without a prosbul. [A woman who produced] two letters of divorce and two ketuboth collects two kethuboth. Two kethuboth and one get or one kethubah and two gittin, or a kethubah, a get and [evidence of her husband’s] death, she collects one kethubah only, for a man who divorces his wife and then remarries her contracts his second marriage on the condition of the first kethubah. A minor whose his father had given him in marriage, the ketubah of his wife is valid, since it is on this condition that he kept her as his wife. A convert who converted with his wife, the kethubah remains valid, since it is on this condition that he kept her as his wife.