阿巴耶 的根据:照希列学派,丈夫对妻子产业的手与她的手相等而不更强,亡夫兄弟的手更弱,所以产业归她的继承人;照沙迈学派,丈夫的手比她强,亡夫兄弟的手虽弱于丈夫,仍与叔娶之妇相当,所以平分。
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阿巴耶 认为:照 希列学派,论丈夫对妻子产业的权利,他的手与她的手相等,却不更强。
And Abaye holds that according to Beit Hillel, with regard to the husband’s rights to his wife’s property, his hand is like her hand, but not any stronger.
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因此 亡夫兄弟 对她产业的手比她的弱,因为 亡夫兄弟 的权利总比丈夫本人的弱。
Accordingly, the yavam has a weaker hand in her property than she does, because the rights of a yavam are always weaker than those of the husband himself.
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所以她被看作占有那产业,她死时由她的继承人,即她父亲和父亲的继承人继承。
Therefore, she is considered to be in possession of the property, and when she dies, her heirs, i.e., her father and his heirs, inherit it.
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然而 沙迈学派 认定丈夫的手比妻子的手强。
However, Beit Shammai assume that the husband’s hand is stronger than his wife’s hand.
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所以 亡夫兄弟 的手虽比丈夫的弱,仍与 叔娶之妇 的手同样强;因此他们判:她若死了,亡夫兄弟 与她的继承人平分那产业。
Therefore, the hand of the yavam, which is weaker than the husband’s hand, is nevertheless equally as strong as the hand of the yevama, and therefore they rule that if she dies, the yavam and her heirs divide up the property.