תלמוד על יבמות 9:1

HALAKHAH: “The following are permitted to their husbands,¹⁵A quote from Mishnah 2, irrelevant for the sequel.” etc. He only said “betrothed¹⁶In Mishnah 3, the mention of betrothal is essential; in Mishnah 4 the mention of marriage. In Mishnah 2, either betrothal or marriage may be mentioned for the High Priest’s brother.”, but if he copulated with her, the copulation disqualifies her. That is what we stated: “Forbidden to both of them.”

MISHNAH: If property came to a woman waiting for her levir⁸⁴She waits to be married in levirate or to be freed by ḥalîṣah. In the meantime, the ketubah, the money due her at the dissolution of her marriage (her dowry and the capital due her from her husband) is not payable since concerning money matters levirate is considered as continuation of the first marriage. The capital due from the husband is at least 200 zuz for a virgin, defined in Mishnah Peah 8:8 as sufficient to disqualify her from public assistence., the House of Shammai agree with the House of Hillel that she may sell or give away and it is valid⁸⁵During the marriage, the husband has the administration and usufruct of her property. This power is not automatically transferred to the levir; it comes only with the actual levirate. Since the marriage with the first husband is now terminated, the administration of the properties is solely in her hands.. If she dies, what does one do with her ketubah and property that enters and leaves with her⁸⁶Property she inherited or otherwise received during her marriage. In contrast to the dowry, for which the husband assumes responsibility in the ketubah contract and whose value only has to be returned at the dissolution of the marriage, these remain her property and, during marriage, may be sold or mortgaged only by the common action of the wife as owner and the husband as administrator. These properties are called נִכְסֵי מְלוֹג (Accadic mulūgu “wife’s property”), cf. Mishnah 8:1.? The House of Shammai say, the husband’s heirs should split with her father’s heirs. But the House of Hillel say that all property remains where it is; the ketubah in the hands of the husband’s heirs⁸⁷Her dowry remains in the husband’s family. {This is a matter of civil law, not a religious precept. In the Middle Ages, many communities promulgated rules that returned all or part of the dowry of a childless marriage of short duration to the wife’s family.} and property that enters and leaves with her in the hands of her father’s heirs⁸⁸They never were the husband’s property..

MISHNAH: Commandment prohibition: Secondary prohibitions⁶⁷For any biblical incest prohibition of Lev. 18, one more generation is forbidden by common law, a tradition ascribed to the “Sopherim”, the colleagues and successors of Ezra in reconstituting Judaism in Israel after the Babylonian exile. instituted by the Sopherim. Holiness prohibiton: A widow for the High Priest⁶⁸Lev. 21:14., a divorcee⁶⁹Lev. 21:7. or one who had ḥalîṣah⁷⁰The identification of ḥalîṣah with divorce is rabbinic for the majority, possibly biblical for R. Simeon; cf. Note 17. for a simple priest, a bastard⁷¹Deut. 23:3. or a Gibeoness⁷²A popular tradition ascribes the exclusion of Gibeonites from the Jewish marriage community to their cruel behavior towards the family of Saul when it was decided that “the Gibeonites are not part of Israel” (2S.21:2). They are called “given” for Joshua “gave” them as hewers of wood and drawers of water (Jos. 9:27). to an Israel, a Jewish woman to a Gibeonite or a bastard⁷³Both of them could be illegitimate paternal halfbrothers of the deceased obligated by the laws of Deut.25..