[ ]From Wife to Widow and Back Againb. Ulla said: The first part deals with property she acquired [while
awaiting levirate marriage] while she was betrothed, and the
second part deals with property she acquired [while awaiting
levirate marriage] while she was married.
c. For Ulla is of the opinion that the levirate bond of a betrothed
woman has the force of questionable betrothal, and the levirate
bond of a married woman has the force of questionable
marriage.
d. For if you thought that she was fully betrothed {that is, that the
bond between the levir and the widow has the same force as
betrothal}, would the School of Hillel agree that she could sell or
give away property and the transaction would stand?
e.... for if you thought she was fully married {that is, that the
bond between the levir and the widow has the same force as
marriage}, would then the School of Shammai say that the
heirs of the [deceased] husband divide it with the heirs of [her]
father?
f. Rather, this teaches that the levirate bond of a betrothed woman
has the force of questionable betrothal, and the levirate bond of
a married woman has the force of questionable marriage.
g. Rabbah said to him: Before arguing about the property itself
after her death, let [the Schools] argue about the usufruct in her
lifetime!
h. Rather said Rabbah: Both [rules in the mishna] are dealing with
a case in which she acquired the property while married, and the
levirate bond of a married woman has the force of questionable
marriage. The first [rule applies] when she is alive — her claim is
absolute and his is questionable, and a questionable claim does
not supersede an absolute claim. The second [rule applies] when
she is dead, and these {the heirs of the father} and these {the
heirs of the husband} claim to be her heirs — let them divide [the
property, since each claim rests on the questionable status]....
i. Abbaye said: The first part deals with property she acquired
while awaiting the levir; the second part deals with property she
acquired while married to her [now-deceased] husband.
j. For Abbaye is of the opinion that his hand is like her hand. {The
claim of a husband on his wife’s property is equal to hers.}