Chapter 8, Mishnah 7. We continue with the subject of the shomeres yavam - a woman whose husband died childless and who is waiting for yibum. Our Mishnah discusses the status of the property left behind by the deceased brother. The halachah is that although the property of the deceased brother passes to the brother who performs yibum, he may not sell it, but only use it and consume its produce, since all the property is mortgaged and stands as security for the payment of her kesubah.
The words of the Mishnah:
"Hiniach achiv maos - yilakach bahen karka v'ochel peiros" - if the deceased brother left cash, land is purchased with it, and the yavam consumes its produce.
"Peiros hatelushin bakarka" - produce that is no longer attached to the ground has the same status as cash: "yilakach bahen karka v'ochel peiros".
"Hamechubar bakarka" - if he left a field with produce still attached to the ground, Rabbi Meir and the Sages disagree.
The view of Rabbi Meir:
Rabbi Meir says "shamin osan" - as explained in the previous Mishnah, the land is subjected to a double appraisal: "kamah hen yafin b'peiros" - how much the land is worth with the produce, "v'chamah hen yafin b'lo peiros" - how much it would be worth without it. With the difference between the two, the surplus, "yilakach bahen karka v'ochel peiros" - land is purchased, and the yavam consumes its produce.
The view of the Sages:
The text of the Mishnah as we have it reads "Vachachamim omrim: peiros hamechubar bakarka shelo", but the Gemara emends the text and reads "shelah". That is, with regard to produce attached to the ground the Sages agree with Rabbi Meir that it belongs to her, and therefore its value is calculated and land is purchased with it in the same manner explained above, and the yavam consumes its produce.
The difference between the two views emerges specifically with regard to produce detached from the ground, and cash is included in this category as well. Here the Sages disagree with Rabbi Meir and say: "Kol hakodem zachah bahen" - whoever takes possession of it first, whether the yavam or the woman, acquires it.
If he came first: if the yavam took possession first, it is his and not hers.
If she came first: if the woman took possession first, and the Gemara explains that this refers to a case where she seized it during her husband's lifetime, land is purchased with it and the yavam consumes its produce.
"Kensah - harei hi k'ishto l'chol davar":
Once the yavam has performed yibum with his yevamah and she has become his wife, she is like his wife in every respect:
Divorce: if he wishes to divorce her, he divorces her with a get alone and no longer requires chalitzah.
Remarriage: if he divorced her, he may take her back, and even though she had been his brother's wife she is not forbidden to him.
In one matter, however, she differs from other women: her kesubah is collected from the property of her first husband, the deceased, and it is from there that it comes. And if the first husband left no property, the Sages instituted that the new husband, the yavam, is obligated to write her a kesubah of his own.