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98 ‎[1] If the husband exempted her from taking an oath [to collect her Ketubah] she may collect without an oath. The nature of the exemption is dependent on the language he used when exempting her. For example, if he wrote, "I have no vow or oath against you," he cannot force her take any oath, but he can force her heirs - if he divorced her and she died, the heirs must take the 'vow of heirs'. [Also] anyone who comes with her permission, such as a case in which she sold her Ketubah to others and she was divorced and subsequently died, and the purchasers claim the Ketubah, they must swear, for his command did not apply to them. If she is still alive the purchasers cannot collect unless she swears that she was not repaid. Rem"a: See (Shulchan Arukh, Even HaEzer 105). If he exempted his wife from swearing when he died, she may collect her Ketubah without swearing. But if [the members of the court] see after this that she is destroying the property, she must swear. If there are witnesses that attest that she destroyed [the property] or gave it away, or if she admits to having done so, she must repay [the estate] and she is not believed to say that her husband ordered her to do so. If [her husband] gave her the power to be believed as two witnesses, she is trusted.
‎[2] We also require her heirs to take an oath, and anyone else who comes in her stead, if there is some defect in the Ketubah ot if there is a custodian. This is true even if [her husband] gave her authority to appoint a custodian. ‎[3] If he wrote, "I have no vow or oath against you or your inheritors or all those who come with your permission," he may not force any oath on her or her inheritors or those who come with her permission. But his inheritors and those who come with his permission, such as buyers who acquired it from him, they can force an oath on her and her inheritors and those who come with her permission, such as if she were divorced or died. But if she was widowed and died before taking the oath, neither her inheritors nor those who come with her permission may collect her Ketubah. ‎[4] If he wrote for her, "I and my inheritors and those who come with my permission have no vow or oath against you or your inheritors or those who come with your permission," neither he nor his inheritors nor those who come with his permission may force an oath on her or her inheritors or those who come with her permission. This is even if she or the inheritors of her Ketubah or the inheritors of the inheritors are damaged. However, if she was made a guardian after the death of her husband, the exemption is not effective on this. However, for a guardianship that began during the lifetime of the husband, it is effective, as she cannot be made to swear even by way of another oath. There is one who says that even if he did not exempt her, the inheritors cannot force an oath on the guardianship that began during the lifetime of the husband. ‎[5] Regarding that which she sold between death [of her husband] and burial, for the purpose of burial, we do not force an oath on her even by way of another oath that she must take. ‎[6] If he wrote "without a vow, without an oath;" even if he wrote "from these assets," the inheritors may require an oath from her, unless he explicitly exempted her from the inheritors. ‎[7] Even if he trusted her vis-a-vis his inheritors and his proxies, it is not effective to collect from purchasers without an oath. Rem"a: Some say that his exemption and the credibility that he extended to her are not even effective vis-a-vis his inheritors, even if he explicitly exempted her with regard to his inheritors (R. Hananel, R"i, Ro"sh). This is specifically when she is alive, but if she has died, or is unable to swear, she or her inheritors collect her dower without an oath (Rivash nos. 169 and 108). It seems to me that is is proper to rule accordingly.
Version: Sefaria Community Translation
Source: https://www.sefaria.org
License: CC0