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168 [1] When a man performs levirate marriage with his sister-in-law she is married to him in every respect; he ma divorce her a writ of divorce and subsequently remarry her. [2] If he divorced her and accepted her back before he paid her ketubbah to her, she is considered as any other woman who was divorced and subsequently remarried [to the same man], that is, she only has one Ketubah. [3] A yevamah, the responsibility for her ketubah is on her first husband's estate. Therefore, the yavam is not allowed to sell any of his brother's property. And if he sold or gave part away as a present, or divided some of the dead brother's property with the other brothers, whether before or after yibbum, he has done nothing. [4] If his [dead] brother left produce still attached to the ground, it should be sold, and produce bought with the proceeds, and he eats the fruit. [5] If he [died] and left produce detached from the ground or movable property, it should be sold and land bought with the proceeds and he will eat the fruit.
And the same is true if he left money. And even if he was liable to pay he brother money, they take it out of his hand, and land is bought with it, and he eats the fruit.
And there are those who says that when it comes to produce detached from the ground or movable property, or money, he can use them as he wishes.
And if it was written in the ketubah: Movable property based on the value of land, all agree that land should be purchased and he eats the produce.
Hagah: In any case, as long as he has not married her, we don't give him the money, rather we take all of the movable property and the coins from his hand and give them to the court or to a guardian. But land--he eats the fruit (Bet Yosef in the name of the Rashba). [6] Property that is the hands of the yevamah, they take it from her and purchase with it land, and he eats the fruit. [7] Even if he divorces her and marries her after with no condition, he cannot sell his brother's property, unless he made a stipulation with her at the time that he remarried her that the ketubah would be based on his own property.
And without divorce, if she agrees to marry him on condition that he writes that responsibility for her ketubah will be on his property, then he can sell [his brother's property.] [8] A Yevamah that never had a Kesubah, or that the Kesuba was relinquished, receives the assets of his [her husband's] brother, and selling and giving what he likes, or when it will be nissan he will write for her a Kesuba with a portion [of his assets] ,And all his assets afterwards is like all the other women [who are married] [9] A yevam who does not have a marriage contract with her husband because they are not allowed to be married to each other, but she is permitted to her yavam, if the yavam wants to perform yibum with her she does not receive a marriage contract, just as she did not have one with her first husband. And only if the first husband did not give her a contract, but it is forbidden to remain married to a woman without giving her a contract (MM in Ch.2). Her status regarding additional provisions in the contract is just as she received from her first husband. But if her husband did not write her a contract, [or she sold it] or she declined it, the yavam must write her a contract as all widows receive. Rama: If her first husband had no assets, she receives a contract of 100 zuz from her second husband (the yavam) like any widow (Tur). If she had sons with the yavam, if she has a contract against the property of the yavam, her daughters are also fed like the sons from that. If she does not have a contract against his property, the daughters are not fed with the sons, nevertheless the widow is fed all the days she remains a widow (Ran Chapter Naara)
Version: Sefaria Community Translation
Source: https://www.sefaria.org
License: CC0