Commentary for Ketubot 91:26

כמאן אי כרבנן אף על גב דלא בעל אי כר' אליעזר בן יעקב

In accordance with whose view? If in accordance with the view of the Rabbis [the husband should have been held guilty] even if he did not have intercourse with her. If in accordance with the view of R. Eliezer b. Ya’akov,

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