One awaiting yibum, to whom property fell [from her father's house, while she was still awaiting yibum] — Beth Shammai and Beth Hillel agree that she may sell it and give it as a gift, and it stands. If she died, what should be done with her kethubah [one manah, or two manah, the addition, and the dowry that she brought in to him and for which he assumed responsibility], and with the property that goes in and goes out with her [nichsei melog, which, when she goes in, goes in with her, and, when she leaves her husband, goes out with her]? Beth Shammai say: The heirs of the husband (i.e., the yavam) divide it with the heirs of the father, [for there is a possibility that she is (considered) married to the yavam, who acquires half the inheritance as per this possibility.], and Beth Hillel say: The property [tzon barzel] remains in its status [And it is not specified whether in the status (i.e., ownership) of the heirs of the husband, in that he had been responsible for it, or in the status of the heirs of the woman, the property having been hers. This Mishnah is to be found in the fourth chapter of Yevamoth (4:3)], and her kethubah is in the status of the heirs of the husband. The property which goes in and out with her is in the status of the heirs of the father.
Bartenura on Mishnah Ketubot
שנפלו לה נכסים – from her father’s house/estate while she is still a woman awaiting levirate marriage with her dead husband’s brother.
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English Explanation of Mishnah Ketubot
Introduction
This mishnah appeared word for word in Yevamoth 4:3. I have replicated my commentary here for convenience sake. Despite the fact that this is its second appearance, it is likely that it was first taught in this context, where it matches the literary pattern of the rest of the mishnah. Only later was it brought to Yevamoth.
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Bartenura on Mishnah Ketubot
מה יעשו בכתובתה – [whether it is] a Maneh, or two-hundred and the supplement and the dowry that she brought in to him, go in with her [when she gets married], and when she goes out from her husband (i.e., gets divorced), go out with her and he has accepted upon himself surety (which may be resorted to in case of non-payment).
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English Explanation of Mishnah Ketubot
If a woman awaiting yibbum came into possession of money: Beth Shammai and Beth Hillel agree that she may sell it or give it away, and that her act is legally valid. Beth Shammai and Beth Hillel agree that a shomereth yavam can sell new property that has come into her hands since the death of her first husband. She does not need the permission of the yavam, because he has not married her.
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Bartenura on Mishnah Ketubot
ובנכסים הנכנסין והיוצאין – usufruct that when she enters [into marriage], they enter with her and when she leaves from her husband, they leave with her.
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English Explanation of Mishnah Ketubot
If she dies, what shall be done with her ketubah and with property that comes in and goes out with her? Beth Shammai says: the heirs of her husband are to share it with the heirs of her father; Beth Hillel says: the property is to remain with those in whose possession it is, the ketubah is to remain in the possession of the heirs of the husband and the property which comes in and goes out with her remains in the possession of the heirs of her father. If she dies, there is a dispute between the two houses concerning her inheritance. Usually a husband inherits his wife, but in this case she only had a yavam who had not yet performed yibbum. He is not fully her husband. Beth Shammai holds that the heirs of her husband, meaning the yavam who inherits from his dead brother, splits the money with the heirs of her father. The heirs of the father inherit since an unmarried woman is inherited by her father. Beth Hillel does not split the money evenly. Rather, each part of the inheritance remains where it is presumed to be. Since the ketubah, meaning the money paid from the husband to the wife upon death or divorce, is still with the husband’s estate, the husband’s inheritors collect this money. The dowry is in the wife’s possession, since the husband cannot sell it. Therefore the wife’s father’s inheritors inherit this property.
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Bartenura on Mishnah Ketubot
בית שמאי אומרים יחלוקו יורשי הבעל עם יורשי האב – for she was doubtfully married to the levir and he takes possession of one half of her inheritance from doubt.
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Bartenura on Mishnah Ketubot
נכסים בחזקתן – the mort-main property are in their legal status/presumption and it is not explained in the possession of whom - if it is in the possession of the heirs of the husband, for since surety/property that may be resorted to in the event of non-payment is upon him or if [it is in the possession of] the heirs of the wife, which were hers, and in the fourth chapter of [Tractate] Yevamot (Mishnah 3), you will find this Mishnah.
