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Kesuvos 88

1) [line 2] YAHIV LAH KESUVASAH B'APEI CHAD SAHADA - he should give her the value of her Keusvah [a second time] in the presence of [only] one witness

2) [line 2] V'SAMICH SAHADA KAMA A'SAHADA BASRA - and bring together the first witness who saw him pay her the value of her Kesuvah and the present witness (so that the two witnesses can testify against her if she claims that she has not yet received her Kesuvah)

3) [line 3] U'MUKIM LEHU L'HANACH KAMA'EI B'MILVEH - and then he should claim that the money from the first payment of the Keusvah was an outstanding loan

4) [line 11] HU D'MODA LEHU - [Rather,] he notifies the two witnesses, [one of whom saw the first payment, *before* he makes the second payment, that he has already paid her the Kesuvah, and that he is only paying her a second time in order to force her to take a Shevu'ah d'Oraisa]

*5*) [line 20] K'OMER LO PARATI DAMI - that is, it is as if the borrower admitted that he did not repay the loan. (The borrower is not trusted when he says, "I never borrowed the money," since the Shtar that the creditor presents him is Mekuyam (authorized by Beis Din) -- see RITVA.)

6) [line 27] RAV ACHA SAR HA'BIRAH - Rav Acha, the Minister of the Palace; this was his title

7) [line 28] ANTOCHIYA - Antioch, the ancient capital of Syria, situated on the Orontes River


8a) [line 4] TISHAVA BA'SOF - (lit. she takes an oath at the end) when she hears that her husband has passed away or when he sends her a Get to divorce her, she must take an oath attesting that she has not taken any of her husband's money unjustly before she can collect her Kesuvah b) [line 4] V'LO SISHAVA BA'TECHILAH - but she does not take an oath when she asks to receive money for food (lit. at the onset. However, she may not ask for money within the first three months of her husband's departure, since there is a Chazakah that a person who travels abroad leaves enough provisions in his house for at least three months -- Kesuvos 107a)

9) [line 8] BEIS DIN MASHBI'IN OSAH, MIBA'I LEI - it should say, "Beis Din forces her to take a Shevu'ah" (instead of, "the heirs make her take an oath," since the man is still alive)

*10*) [line 37] LA'AFUKEI MID'REBBI ELIEZER U'MACHLUKASO - Rebbi Shimon means to reject the opinions of Rebbi Eliezer and the Tana Kama of Rebbi Eliezer (Mishnah 86b). Rebbi Eliezer and the Tana Kama both rule that when the husband appoints his wife as an Apotropos (caretaker) of his property, he can force her to swear that she did not unjustly take any of his property while overseeing it. He may do so even if he has no reason to believe that she has acted in an untrustworthy manner. (According to this conclusion, Rebbi Shimon could just as well have discussed whether the wife must swear to her *husband*, and not just to his heirs. The reason Rebbi Shimon discussed his heirs is because the first half of Rebbi Shimon's statement involved a Halachah that only pertains to the heirs -- TOSFOS)

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