Commentary for Yevamot 210:16

איבעיא להו מעשה שחלצו בינו לבינה אבראי ובא מעשה לפני ר"ע בבית האסורין או דלמא מעשה שחלצו בינו לבינה בבית האסורין אמר רב יהודה אמר רב בבית האסורין היה מעשה ולבית האסורין בא מעשה

And if we had been taught that 'the <i>halachah</i> is not in agreement with this pair' but in accordance with the ruling of the first Tanna, it might have been assumed [that this applies only] ex post facto,<span class="x" onmousemove="('comment',' Of which our Mishnah speaks (cf. supra n. 3). ');">³⁹</span> but that ab initio five [judges] are required,<span class="x" onmousemove="('comment',' In agreement with R. Judah (cf. supra 101a). ');">⁴⁰</span> [hence the former statement was also] required.<span class="x" onmousemove="('comment',' To indicate that even in the dispute between the first Tanna and R. Judah the halachah is in agreement with the former. ');">⁴¹</span> IT ONCE HAPPENED THAT A MAN SUBMITTED TO <i>HALIZAH</i><span class="x" onmousemove="('comment',' Cf. our Mishnah. Cur. edd. read here 'they performed halizah'. ');">⁴²</span> etc. PRIVATELY BETWEEN HIMSELF AND HERSELF! How, then, can we know it? — Rab Judah replied in the name of Samuel: When witnesses observed it from without. The question was raised:<span class="x" onmousemove="('comment',' The ambiguity in our Mishnah is due to a reading which omits the Waw in [H] so that it is possible to join 'in prison' either to the previous, or to the following clause (cf. Tosaf. s.v. [H]). ');">⁴³</span> Did it happen that the <i>HALIZAH</i> was performed privately BETWEEN HIMSELF AND HERSELF outside, AND THE CASE WAS BROUGHT BEFORE R. AKIBA IN PRISON,<span class="x" onmousemove="('comment',' During the revolt of Bar Kokeba (132-135 C.E.) R. Akiba was for a time held by the Romans as a prisoner and was subsequently martyred. ');">⁴⁴</span> or perhaps it happened that the <i>HALIZAH</i> was performed BETWEEN HIMSELF AND HERSELF in prison? — Rab Judah replied in the name of Rab: The incident occurred in prison and the case also came up for decision in prison.<span class="x" onmousemove="('comment',' [Tosaf.: Rab Judah had it on tradition that it was so, even as it is related in T.J.: R. Johanan ha-Sandelar passed outside the prison wherein R. Akiba was incarcerated, calling out, 'Who requires needles?', 'Who requires forks?'&nbsp;… 'How is it where the halizah was performed between himself and herself?' R. Akiba thereupon looked out through the window and replied: 'Hast thou of needles (kushin)? Hast thou kasher?', thus intimating that it is legal. V. Tosef. quoted in [H], for a slightly different version]. ');">⁴⁵</span>

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