Responsa for Ketubot 109:6
ליתנהו בעינייהו פומבדיתא אמרי בלא שבועה בני מתא מחסיא אמרי בשבועה והלכתא בלא שבועה
But if they are not available, [the scholars of] Pumbedita ruled: [She collects] without an oath. And [the scholars of] Mata Mehasya ruled: Only with an oath. The law is: without an oath.
Teshuvot Maharam
Q. A set apart the land upon which he dwelt for the payment of his wife's ketubah. After his death, the trustee of the orphans demanded that A's widow take an oath to the effect that she did not appropriate anything that belonged to her husband, before she be permitted to collect her ketubah from this real estate. Is the trustee justified in his demand?
A. Since the property was mortgaged to A's widow, she is now considered to be in possession of her ketubah. And as long as she does not demand her ketubah, she is not required to take an oath (Ket. 87b) unless the orphans claim positive knowledge of her having appropriated anything that belonged to their father. Therefore, A's widow is not required to take an oath.
SOURCES: Cr. 266; Am II, 6; Mord. Ket. 224. Cf. Moses Minz, Responsa 96.
A. Since the property was mortgaged to A's widow, she is now considered to be in possession of her ketubah. And as long as she does not demand her ketubah, she is not required to take an oath (Ket. 87b) unless the orphans claim positive knowledge of her having appropriated anything that belonged to their father. Therefore, A's widow is not required to take an oath.
SOURCES: Cr. 266; Am II, 6; Mord. Ket. 224. Cf. Moses Minz, Responsa 96.
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