Talmud Bavli
Talmud Bavli

Commentary for Yevamot 184:10

ואי ר"ע כי אמר לה לאחר שיחלוץ ליך יבמיך ליתפסי בה קידושי דהא שמעינן ליה לרבי עקיבא דאמר אדם מקנה דבר שלא בא לעולם דתנן

Resh Lakish said to him:<span class="x" onmousemove="('comment',' R. Johanan. ');"><sup>35</sup></span> Had not a great man praised you. I would have told you that the Mishnah [you cited represents the view] of R. Akiba who maintains that betrothal with those who are subject to the penalties of a negative precept is invalid.<span class="x" onmousemove="('comment',' Marriage of a sister-in-law by a stranger before she has performed halizah with the levir is forbidden by such a negative precept. This Mishnah, therefore, provides no proof, like the statement of R. Jannai, that the Rabbis also admit invalidity in such a case. ');"><sup>36</sup></span> If [this Mishnah, however, represents the view of] R. Akiba, betrothal [with the sister-in-law]<span class="x" onmousemove="('comment',' Lit., 'with', or 'in her'. ');"><sup>37</sup></span> should be valid where [the stranger] said to her, 'after thy brother-in-law shall have submitted to thy halizah', since R. Akiba has been heard to state that one may transfer possession of that which is not yet in existence;<span class="x" onmousemove="('comment',' Consequently. the betrothal here, though it was dependent on a future event which had not yet taken place. should also be valid. ');"><sup>38</sup></span> for we learned:

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