Kesubos 8:8-9:1

Kesubos 8:8

The deceased’s brother may not tell the widow that the money for her kesubah is on the table (and then sell the rest of the deceased’s property). Rather, all of the deceased’s property is mortgaged to pay her kesubah. Similarly, a man may not tell his wife that the money for her kesubah is on the table because all of his property is mortgaged to pay her kesubah. If the brother marries the widow and subsequently divorces her, he only has to pay the value of the kesubah (and he can then sell the rest of the property he inherited from the deceased). If he remarries her, she is like all other women in that she only has the value of her original kesubah.

Kesubos 9:1

If a man writes in the kesubah that he has no claim to or rights in his wife’s property, he may enjoy the proceeds in her lifetime and he inherits the property in the event of her death. So what did writing “I have no claim or rights” accomplish? If she sold the property or gave it away, the transfer is valid. If he wrote that he has no claim to or rights in his wife’s property or its proceeds, he does not enjoy the proceeds in her lifetime but he still inherits the property in the event of her death. Rabbi Yehuda says that the husband always enjoys the proceeds unless he specifies that he has no claim or right in her property, its produce, and the proceeds of that produce ad infinitum. If he wrote that he has no claim or right in her property, its produce, and the proceeds of that produce both in her lifetime and after her death, then he does not enjoy the proceeds in her lifetime and he does not inherit the property in the event of her death. Rabban Shimon ben Gamliel says that he still inherits the property in the event of her death because this stipulation is counter to the Torah’s directive. Whenever one makes a stipulation that is counter to what is written in the Torah, the stipulation is void.