משנה: כְּנָסָהּ הֲרֵי הִיא כְאִשְׁתּוֹ לְכָל־דָּבָר וּבִלְבַד שֶׁתְּהֵא כְתוּבָּתָהּ עַל נִכְסֵי בַּעֲלָהּ הָרִאשׁוֹן. MISHNAH: If he married her, she is his wife in every respect except that her ketubah is a lien on the property of her first husband96If the levir married his sister-in-law he does not write her a new ketubah. Therefore, he did not mortgage his own property to her..
הלכה: כְּנָסָהּ הֲרֵי הִיא כְאִשְׁתּוֹ לְכָל־דָּבָר כול׳. כֵּיצַד הוּא עוֹשֶׂה. כּוֹנֵס וּמְגָרֵשׁ וּמַחֲזִיר וְהִיא [שׁוֹבֶרֶת] לוֹ עַל כְּתוּבָּתָהּ. אָמַר רִבִּי יוֹסֵה. לִצְדָדִין הִיא מַתְנִיתָא. אוֹ [שׁוֹבֶרֶת] לוֹ עַל כְּתוּבָּתָהּ. רִבִּי זְעִירָא בְשֵׁם רַב הַמְנוּנָא. כְּנָסָהּ וְגֵירְשָׁהּ וְהֶחֱזִירָהּ. אִם חִידֵּשׁ לָהּ כְּתוּבָּה כְּתוּבָּתָהּ עַל נְכָסָיו. וְאִם לָאו כְּתוּבָּתָהּ עַל נִיכְסֵי בַּעֲלָהּ הָרִאשׁוֹן. רִבִּי יוֹסֵי אָמַר בְּשֵׁם רַב חִסְדָּא. מַתְנִיתָא אָֽמְרָה כֵן שֶׁהַמְגָרֵשׁ אֶת הָאִשָּׁה וְהֶחֱזִירָהּ. עַל מְנָת כְּתוּבָּה הָרִאשׁוֹנָה הֶחֱזִירָהּ. סוֹף עַד שֶׁיַּכְנִיס וִיגָרֵשׁ וְיַחֲזִיר. דְּרוּבָּא אָתָא מֵימָר לָךְ. אֲפִילוּ כְּנָסָהּ וְגֵירְשָׁהּ וְהֶחֱזִירָהּ. אִם חִידֵּשׁ לָהּ כְּתוּבָּה עַל נְכָסָיו. וְאִם לָאו כְּתוּבָּתָהּ עַל נִיכְסֵי בַּעֲלָהּ הָרִאשׁוֹן. HALAKHAH: “If he married her, she is his wife in every respect”, etc. What does he do? “He marries her, he may divorce her and take her back, and she writes him a receipt for her ketubah.”91This opinion is not mentioned in the Babli. There, the opinion opposed to that of Abbai is that of Rava, who holds that the widow can only dispose of her property before “bespeaking”. For him, “bespeaking” for the House of Shammai makes the widow a wife in civil but not in criminal matters, while qiddushin makes the unencumbered woman a wife in criminal but not in civil matters. Rebbi Yose said, the baraita has two possibilities. “Or she writes him a receipt for her ketubah.”98If he takes her back before she received the payment of her ketubah, she obviously does not write a receipt. R. Yose wants to point out that the baraita quoted here is not the Tosephta Ketubot 9:1: “If somebody died and left his widow waiting for the levir, even if his estate is a hundred minas and her ketubah only one mina, the heirs cannot sell anything since her ketubah is a lien on the entire estate. What can he do? He marries her, divorces her, and she writes a receipt for her ketubah.” Rebbi Ze‘ira in the name of Rav Hamnuna: If he married her, divorced her, and took her back, if he wrote her a new ketubah, the lien is on his property; otherwise, it is on the property of her first husband. Rebbi Yose said in the name of Rav Ḥisda, a Mishnah said so: “For he who takes back his wife, takes her back under the terms of her first ketubah99Ketubot 9:8:1" href="/Jerusalem_Talmud_Ketubot.9.8.1">Mishnah Ketubot 9:9..” At the end, if he married her, divorced her, and took her back? He tells you something new. Even if he married her, divorced her, and took her back, if he wrote her a new ketubah100If she refuses to come back under the old terms, her lien extends to the entire property of the levir., the lien is on his property; otherwise, it is on the property of her first husband.
רִבִּי זְעוּרָא בְשֵׁם רִבִּי הַמְנוּנָא אָמַר. אֲרוּסָה שֶׁמֵּתָה אֵין לָהּ כְּתוּבָּה. שֶׁלֹֹּא הוּתְּרָה לְהִינָּשֵׂא לַשּׁוּק. שֶׁלֹּא תֹאמַר. יֵעָשֶׂה כְמִי שֶׁגֵּירַשּׁ וִיהֵא לֵיהּ כְּתוּבָּה. לְפוּם כֵּן צָרִיךְ מֵימַר אֵין לָהּ כְּתוּבָּה. Rebbi Ze‘ira in the name of Rav Hamnuna said101This paragraph belongs to the material of Ketubot; it has no bearing on the rules of levirate since it was noted in Yevamot 1:4:2" href="/Jerusalem_Talmud_Yevamot.1.4.2">Halakha 1:4 that women between qiddushin and marriage are not subject to levirate. The material is inserted here because this is the only other case where Rebbi Ze‘ira quotes Rav Hamnuna (of the students of Rav).: A betrothed woman who died does not have a ketubah since she was not permitted to marry outside102This is a matter of great controversy in the Babli, which frequently (Yevamot.29b">Yebamot 29b, Yevamot.43">43; Ketubot53, 89; Baba meṣi‘a 18a; Sanhedrin.28a">Sanhedrin 28a) quotes a baraita to the effect that if she dies, the husband does not inherit but if he dies, she collects her ketubah. Since a ketubah is not necessary for qiddushin but only for nissuin, the actual marriage, there is a problem only if the ketubah was already written at the time of qiddushin, which also implies that the dowry was determined or even delivered at that time. Then it is clear that at the groom’s death the betrothed woman can recover the dowry recorded in the ketubah. For the amount due from the husband, even though they disagree in the case of ketubah written at the betrothal, both Talmudim [Ketubot, Yevamot 5:1:2-10" href="/Jerusalem_Talmud_Yevamot.5.1.2-10">Yerushalmi 5:1 (fol. 29c), Yevamot.56a">Babli 56a] agree that any sum agreed to above the statutory minimum can be collected only after the consummation of the marriage.. That you should not say [the case] should be considered as if he divorced her and she should have a ketubah; therefore it was necessary to say that she does not have a ketubah.