Study Yevamot folio 117A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
שאין האחין נכנסין לנחלה על פיה!
that the brothers do not come into the inheritance from the deceased brother based on her testimony. Evidently, although this testimony is accepted with regard to forbidden sexual relationships, it is not effective for monetary matters.
אמרו להם בית שמאי: והלא מספר כתובה נלמוד, שהוא כותב לה: שאם תנשאי לאחר תטלי מה שכתוב ליכי. וחזרו בית הלל להורות כדברי בית שמאי.
Beit Shammai said to them: But we can learn this halakha from the scroll of the marriage contract, as every husband writes for her that: If you marry another man, take what is written for you in this contract. This shows that her right to receive the money of her marriage contract is dependent upon her eligibility to remarry. In this case, as she is deemed credible when she says her husband died and she may marry again, she is likewise entitled to the money of the marriage contract. And Beit Hillel again retracted their opinion, and decided to teach in accordance with the opinion of Beit Shammai.
גמ׳ אמר רב חסדא: נתייבמה — יבמה נכנס לנחלה על פיה. הם דרשו מדרש כתובה — אנו לא נדרוש מדרש תורה?!
Talmud: Rav Ḥisda said: If the woman entered into levirate marriage based upon her own testimony, her yavam comes into the inheritance of the property of his dead brother based on her testimony. He adds: If Beit Shammai taught their halakha that she is entitled to her money, by interpreting homiletically the language of a marriage contract, will we not teach by interpreting homiletically the Torah itself?
״יקום על שם אחיו״ אמר רחמנא, והרי קם.
Rav Ḥisda explains: God states in the Torah: “He should succeed in the name of his dead brother” (Deuteronomy 25:6), which is interpreted by the rabbis as referring to the right of inheritance of the brother who consummates the levirate marriage. And this man did succeed with respect to the marital relationship, as he consummated the levirate marriage based on the testimony of his yevama that her husband died. Consequently, he takes the place of his brother with respect to his inheritance as well.