Gittin 35 - 2nd Day of Rosh Chodesh Tamuz - June 20, 1 Tamuz - a podcast by Michelle Cohen Farber

A widow can only collect her ketuba money from orphans by taking an oath (just like all creditors who collect from orphans on their father's debts). However, the rabbis would not permit widows to take oaths as they were concerned about false oaths. Why were they specifically concerned about widows and not about divorcees? Rabban Gamliel instituted a takana that widows could collect ketuba money by making a vow forbidding something that the orphans would agree to.  Why is a vow better than swearing in terms of concern for lying? Shmuel permitted oaths outside of a court as their level of severity is not as high. Rav would not permit any oaths and also would not allow women to collect their ketubot because he saw that people didn't take vows seriously. When Rav Huna ruled like this, the woman went ahead and swore anyway and was then permitted to collect her ketuba. In another situation with Rabba son of Rav Huna who also ruled like Rav, the woman then asked for her food allowance. However, Rabba told her that she is not eligible for her food allowance as Shmuel ruled that one who comes to court to claim her ketubah money is no longer eligible for food allowance. The woman was very frustrated and cursed Rabba for ruling by both Rav in one area and Shmuel in another, thus preventing her from getting any money. He subsequently died from the curse. Rav Yehuda made a public declaration endorsing Shmuel's opinion against Rav allowing widows to collect their ketubas. Why is there not a concern that a woman's husband will cancel her vow or she will go to a chacham to annul the vow? Some say she can only collect with a vow if she is not married and since people need to give the details of the vow when they go to a chacham, there is no chance this kind of vow will be canceled. Others permit it when she is married, but require her to take the vow in public as a public vow cannot be nullified by her husband. Rav Nachman and Rav Papa disagree about whether one needs to specify the vow when going to a chacham to permit a vow. What is the basis of their debate?

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