Talmud - Ketubot 82b כתובות פ״ב ב׳

The Gemara explains: It is necessary lest you say that he has performed the mitzva the Merciful One placed upon him by means of levirate marriage, and now that he has divorced her she should once again stand in relation to him with the prohibition proscribing a brother’s wife, which was her status before the mitzva of levirate marriage came into effect. The tanna therefore teaches us that since he performed levirate marriage with her, the prohibition proscribing a brother’s wife no longer applies at all.

The Gemara asks: And say that indeed, the prohibition proscribing a brother’s wife should be in force once again. The Gemara explains: The verse states: “And he will take her to him to be his wife” (Deuteronomy 25:5), which indicates that once he has taken her, she has become like his regular wife in all respects.

§ The mishna taught: She has the status of his wife in all respects after levirate marriage, except that the responsibility for her marriage contract is upon the property of her first husband. The Gemara inquires: What is the reason for this? It is that from Heaven they acquired a wife for him. Since he did not choose her but married her by force of a Torah commandment, he is not obligated to set aside for her a marriage contract of his own. Rather, he relies upon his brother’s marriage contract.

The Gemara adds: And if she does not have anything from the first husband, e.g., if he owned no property, she nevertheless has a marriage contract from the second one, for the same reason that any wife is entitled to a marriage contract in the first place: So that she will not be demeaned in his eyes such that he will easily divorce her.

The mishna further stated that the yavam may not say to her: Here is your marriage contract, and similarly, a man may not make such a statement to his wife. Rather, all of his property is mortgaged for her marriage contract. The Gemara asks: What is the relevance of the phrase: And similarly, here? The halakha in both cases appears to be identical.

The Gemara explains: It is necessary lest you say that this is the halakha only there, with regard to a yevama, where the yavam did not write a marriage contract for her and therefore never wrote: All property that I have bought and that I will buy is mortgaged to the marriage contract. But here, with regard to a regular wife, where he did write a marriage contract for her that included the clause: That I have bought and that I will buy, say that she relies upon that which he has set aside, and therefore there is no need for a full lien on all his property. The tanna therefore teaches us that this is not the case.

§ The mishna states that if he divorced her she has only her marriage contract. There is no lien upon the property, and he may therefore sell it. The Gemara infers: If he divorced her, yes, that is the case, but if he did not divorce her, no, it is not. The tanna here teaches us indirectly that the halakha is in accordance with Rabbi Abba, who claims that the only way he can gain full control of all the property is by divorcing her.

It was further taught in the mishna that if he remarried her, she is like all women, and she has nothing other than her marriage contract. The Gemara asks: What is the tanna teaching us by mentioning the possibility that he remarried her? We already learned this: With regard to one who divorces a woman and remarries her, he remarries her on the basis of her first marriage contract, and he need not write her a new one. Why is it necessary to emphasize this halakha in the case of a yevama?

The Gemara answers: It is necessary lest you say that it is the halakha in the case of a wife, since he writes for her a marriage contract from him, and therefore when he remarries her he does so on the basis of the first marriage contract. But as for his yevama, where he did not write for her the marriage contract but it was written by his brother, in a case where he divorced her and remarried her, say that her marriage contract should be from him and he should write a new one using his own property. Therefore, the tanna teaches us that this is not required.

§ The Gemara discusses the background for the rule that the husband’s property is mortgaged for the marriage contract. Rav Yehuda said: At first they would write for a virgin two hundred dinars and for a widow one hundred dinars. They would then demand that this amount be available in cash, and then the men would grow old and would not marry women, as they did not all possess such large sums of money, until Shimon ben Shataḥ came and instituted an ordinance that a man need not place the money aside in practice. Rather, all of his property is guaranteed for her marriage contract.

The Gemara comments: That opinion is also taught in a baraita: At first they would write for a virgin two hundred and for a widow one hundred dinars, and they would grow old and would not marry women, since the women were concerned that their marriage contract money would be wasted or lost, and they had no guarantee that it would be collected. The Sages therefore instituted an ordinance that they should place it, the sum of the marriage contract, in her father’s house, thereby ensuring its safekeeping. And still problems arose, as when he was angry at his wife, he would say to her: Go to your marriage contract, as it was too easy for them to divorce.

Therefore, the Sages instituted an ordinance that they would place it in her father-in-law’s house, i.e., in her husband’s house. And wealthy women would craft their marriage contract money into baskets of silver and of gold, while poor ones would craft it into a large vessel for the collection of urine, as their marriage contract was large enough only for a small vessel.

And still, when he was angry at her he would say to her: Take your marriage contract and leave, until Shimon ben Shataḥ came and instituted an ordinance that he does not actually give her the money for her marriage contract. Rather, he should write to her: All my property is guaranteed for her marriage contract, and it is not localized to a particular place or object. Consequently, he would need to sell some of his property if he wished to divorce her, and would therefore think carefully before undertaking such a drastic course of action.

May we return to you, chapter “Ha’Ishah”

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Ketuvot 82b explores why levirate marriage nullifies the brother's-wife prohibition and how the marriage contract obligation transfers between husbands.