Ketubot 90B

תנא נמי: הראשונה קודמת לשניה.

it taught the first clause as well with the same wording: The first woman precedes the second, without elaborating that the property would not be expropriated from the second if she were to seize it in payment of her marriage contract.

נשא את הראשונה. שמע מינה תלת: שמע מינה אחת בחייו ואחת במותו יש להן כתובת בנין דכרין, ולא חיישינן לאינצויי.

§ The Mishnah taught: If he married the first woman, etc. The Talmud notes: Conclude 3 conclusions from this statement: Conclude from it that if one of the man’s wives died in his lifetime and the other one died following his death, then the sons of the first wife are entitled to collect the marriage contract concerning male children and we are not concerned that this would lead to quarreling.

ממאי ⁠— מדקתני: שניה ויורשיה קודמים ליורשי ראשונה, מיקדם הוא דקדמי, הא איכא ⁠— שקלי.

The Talmud asks: From where is it known that this is correct? From the fact that it teaches: The second wife and her heirs precede the heirs of the first wife, it can be inferred that they precede the heirs of the first, but if there are enough funds in the estate for all the claims against it, then the children of the first wife do take their share of the dowry.

ושמע מינה: כתובה נעשית מותר לחברתה.

The second point one can conclude from it is that one marriage contract becomes surplus for the other. The rabbis ruled that each son may claim his mother’s marriage settlement only when the value of the estate exceeds the sum total of the marriage contracts by at least one dinar, so that the biblical laws of inheritance can be fulfilled. Since the marriage settlement collected by the heirs of the second wife is considered a debt owed by the estate, this sum is considered to have been paid equally by all the heirs. The biblical laws of inheritance have thereby been fulfilled, and the sons of the first wife can claim the marriage contract concerning male children even if nothing will be left in the estate after they have collected their payment.