Ketubot 96 - 1st Day of Sukkot - October 10, 15 Tishrei
A question is asked regarding the language in the Mishna. Is it saying that "all widows get supported by the orphans" (as was the custom in the Galilee) or "a widow who gets supported by the orphans…" (as was the custom in Judea as the orphan could insist she stop taking food payments and they could just pay her the ketuba money and end the relationship). The Gemara tries to prove this from a statement of Shmuel’s regarding our Mishna. However, the proof is inconclusive. What responsibilities does the woman have toward the orphans – is it the same as the woman toward her husband? Even though she can’t collect her food stipend from moveable items, if she does, is it valid or can the court take it away from her? Is it the same for a ketuba? After a certain amount of time passes and she hasn’t demanded food payments, she can no longer collect them. After how much time and on what does that depend? Rabbi Yochanan asked about a case where there is a disagreement between the widow and the orphans about whether or not they gave her money for food, upon who lies the burden of proof? A braita is brought to prove that the burden of proof is on the orphans. Rav Shimi son of Ashi brings a Tosefta in an attempt to show that it is a tannaitic debate. However, the Gemara rejects his explanation of the debate and brings two alternative explanations.
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