Soncino English Talmud
Ketubot
Daf 89a
SHE IS ENTITLED TO COLLECT THE AMOUNT OF HER KETHUBAH. [IF SHE, HOWEVER, PRODUCED HER] KETHUBAH WITHOUT A LETTER OF DIVORCE AND, WHILE SHE PLEADS, MY LETTER OF DIVORCE WAS LOST', HE PLEADS, 'MY QUITTANCE WAS LOST', AND SO ALSO A CREDITOR WHO PRODUCED A BOND OF INDEBTEDNESS THAT WAS UNACCOMPANIED BY A PROSBUL, THESE ARE NOT PAID. R. SIMEON B. GAMALIEL RULED; SINCE THE TIME OF DANGER A WOMAN IS ENTITLED TO COLLECT HER KETHUBAH WITH OUT A LETTER OF DIVORCE AND A CREDITOR IS ENTITLED TO COLLECT [HIS DEBT] WITHOUT A PROSBUL. GEMARA. This implies [does it not] that a quittance may be written; for if a quittance may not be written would not the possibility have been taken into consideration that the woman might produce her kethubah [after her husband's death] and collect therewith [a second time]? — Rab replied: We are dealing with a place where no kethubah is written. Samuel, however, said: [Our Mishnah refers] also to a place where a kethubah is written. May then a quittance be written according to Samuel? R. Anan replied, This was explained to me by Mar Samuel; Where it is the custom not to write [a kethubah] and [the husband] asserted, 'I have written one' it is he who must produce the proof, where it is the usage to write one and she pleads. 'He did not write one for me' it is she that must produce the proof. Rab also withdrew from [his previously expressed opinion]. For Rab had stated: Both in a place where [a kethubah] is written and in one where it is not written, a letter of divorce [enables a woman to] collect her statutory kethubah [while the written document of the] kethubah [enables her to] collect the additional jointure; and whosoever wishes to raise any objection may come and do so. We have learned: [A WOMAN, HOWEVER, WHO PRODUCED HER] KETHUBAH WITHOUT A LETTER OF DIVORCE AND, WHILE SHE PLEADS, 'MY LETTER OF DIVORCE WAS LOST HE PLEADS, 'MY QUITTANCE WAS LOST'. AND SO ALSO A CREDITOR WHO PRODUCED A BOND OF INDEBTEDNESS WITHOUT A PROSBUL, THESE ARE NOT PAID. Now, according to Samuel this statement is quite intelligible since one might interpret it as applying to a locality where it is the practice to write [no kethubah] and the husband pleaded. 'I did write one'. In such a case [the man] might justly be told, 'Produce your evidence', and should he fail to do so he might well be told, 'Go and pay up'. According to Rab, however, [the question arises,] granted that she is not to collect her statutory kethubah, let her at least collect the additional jointure! — R. Joseph replied: Here we are dealing with a case where no witnesses to the divorce were present. Since [the husband] could have pleaded. 'I have not divorced her',