Financial confidence TB Ketubot 88

The fifth case in the Mishna on daf TB Ketubot 87a when the wife needs to take an oath in order to receive her ketubah is when the husband skips town. “Or when not in his presence, how so? If he went to a country overseas and sent her a bill of divorce, so that she collects her marriage contract when not in his presence, she can collect it only by means of an oath.” (Sefaria.org translation)

On today’s daf TB Ketubot 88 Rav Aḥa Sar HaBira and Rava in the name of Rav Naḥman disagree whether this oath applies only to women or to all creditors.

“The mishna teaches that one who comes to collect her marriage contract when not in her husband’s presence can collect it only by means of an oath. Rav Aḥa Sar HaBira said: An incident came before Rabbi Yitzḥak in Antioch, and he said: They taught this halakha only with regard to the wife’s marriage contract; she may collect her marriage contract in her husband’s absence, because the Sages wanted men to find favor in the eyes of women. In order to ensure that women would want to marry, the Sages instituted decrees with regard to a marriage contract that are for the woman’s benefit. However, a creditor does not have the right to collect his debt even with an oath if the borrower is absent, in case he has already been paid.

“And Rava said that Rav Naḥman said: Even a creditor can collect payment with an oath in the borrower’s absence, so that each and every person will not take his friend’s money by means of a loan and go and reside in a country overseas to prevent the lender from collecting the money from his property. And if that were to occur, you would be locking the door in the face of borrowers, as no one would be willing to lend them money” (Sefaria.org translation)

The rabbis ultimately goal is to protect the financial interests of people. In the case of the wife one can also understand the Hebrew word khina, חִינָּא , as confidence. The wife has the confidence that she will be financially protected in all circumstances. Without the loans the local economy suffer. Making loans is a mitzvah. The rabbis wanted to assure the creditor would not lose money by fulfilling this mitzvah. With the confidence the lender will collect on the loan, the borrower would benefit because with the loan he can use the money in order to make a living.