Responsa for Yevamot 75:14
וקסבר עולא זיקת ארוסה עושה ספק ארוסה
in which there is no dispute between them<span class="x" onmousemove="('comment',' Beth Shammai and Beth Hillel. ');"><sup>29</sup></span> differ from the final clause<span class="x" onmousemove="('comment',' Where the widow had died. ');"><sup>30</sup></span> in which they<span class="x" onmousemove="('comment',' Beth Shammai and Beth Hillel. ');"><sup>29</sup></span> do dispute?<span class="x" onmousemove="('comment',' Why is the widow in the first case regarded as the confirmed possessor of the property and allowed to dispose of it in any manner she desires, while in the second case her right of possession is in dispute, her rightful heirs not being regarded as the lawful and undisputed successors to her property? ');"><sup>31</sup></span> 'Ulla replied: The first clause deals with a woman who became subject to the levirate marriage<span class="x" onmousemove="('comment',' Lit., 'when she fell'. ');"><sup>32</sup></span> while betrothed, and the final clause with one who became subject to the levirate marriage<span class="x" onmousemove="('comment',' Lit., 'when she fell'. ');"><sup>32</sup></span> while married. And 'Ulla is of the opinion that the levirate bond<span class="x" onmousemove="('comment',' Between the widow and the levir, due to the obligations of the levirate. ');"><sup>33</sup></span> of a betrothed woman renders her 'doubtfully betrothed'<span class="x" onmousemove="('comment',' The levirate bond not carrying the same force as actual betrothal. ');"><sup>34</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.