Responsa for Bava Batra 316:1
<big><strong>גמ׳</strong></big> בחזקת מי ר' יוחנן אמר בחזקת יורשי הבעל ור' אלעזר אמר בחזקת יורשי האשה
<b><i>GEMARA</i></b>. In whose established right of ownership?<span class="x" onmousemove="('comment',' Do the possessions to which Beth Hillel referred in our Mishnah, remain? ');"><sup>1</sup></span> — R. Johanan said: In the right of the ownership of the heirs of the husband.<span class="x" onmousemove="('comment',' Since the husband is entirely responsible for loss or profit and is also entitled to sell it, it is regarded as his possession and, consequently, on his death, it passes over into that of his heirs, ');"><sup>2</sup></span> R. Eleazar said: In the right of ownership of the heirs of the wife;<span class="x" onmousemove="('comment',' Since it was she who brought it to him from her father's house. ');"><sup>3</sup></span>
Teshuvot Maharam
After protracted litigation, the widow (of Speyer) and her levirs finally came to court and chose their judges. These judges asked the opinion of R. Meir who put them off and advised them to ask the great (Jewish) leaders of the Kingdom (Germany) regarding the ordinances passed by the communities affecting the relations of a widow and her levirs. The leaders all agreed that after the rite of halitzah is performed, one half of the husband's estate belongs to the widow and one half to the levirs. R. Meir states that he knows no further details regarding these laws of the communities, and renders the following decision in accordance with talmudic law:
A. If A's widow, three months after his death refuses to undergo the rite of halitzah or marry her levir, she is to be considered as a rebellious wife and all of A's property is to be taken away from her, except that which she has brought in as a dowry, upon her marriage to A. If, however, she consents to undergo the rite of halitzah, she receives half of A's property, as is the Takkanah of the communities. From this amount is deducted the sum she admits, under oath, to have wasted, lost, and given away as presents, while A was alive and after his death.
SOURCES: Pr. 563; Mord. Yeb. 23. Cf. Terumat Hadeshen 220; Isserlein, Pesakim 262; ibid. 263; ibid. 264.