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Text Excerpt
אינה תובעת כתובתה — אין יורשין משביעין אותה. וקמיפלגי בפלוגתא דחנן ובני כהנים גדולים. דתנן: מי שהלך למדינת הים ואשתו תובעת מזונות, חנן אומר: תשבע בסוף, ולא תשבע בתחלה.
If she does not claim her marriage contract, the heirs do not administer an oath to her. And they disagree with regard to the issue that is the subject of the dispute of Ḥanan and the sons of the High Priests, as we learned in a Mishnah (104b): With regard to one who went to a country overseas and his wife claims money for sustenance, Ḥanan says: She takes an oath at the conclusion, when she comes to claim her marriage contract, that her husband did not leave her with any money and that she took from his estate only what she needed for her sustenance. And she does not take an oath at the beginning, when she takes the allowance for her sustenance from his estate.
נחלקו עליו בני כהנים גדולים ואמרו: תשבע בתחלה ובסוף. רבי שמעון כחנן, רבנן כבני כהנים גדולים.
The Mishnah continues: The sons of the High Priests disagreed with him, and said: She takes an oath that her husband did not leave her any money at the beginning, when she comes to take money for sustenance, and at the conclusion, when she comes to claim her marriage contract. R' Yirmeya suggests: R' Shimon holds like Ḥanan, that she takes an oath only when she comes to collect her marriage contract. And the Rabbis, who disagree, hold like the sons of the High Priests, that she must also take an oath when she collects money for her sustenance.
מתקיף לה רב ששת: האי יורשין משביעין אותה? בית דין משביעין אותה מיבעי ליה!
Rav Sheshet objects to R' Yirmeya’s statement: If the dispute is with regard to a woman who comes to collect money for her sustenance while her husband is away, why would the Mishnah employ this phrase: The heirs administer an oath to her? It should have said that the court administers an oath to her, as this oath would be administered by the court.