Commentary for Yevamot 35:13

א"ל אביי לרב יוסף הא דרב יהודה דשמואל היא דתנן

if she did not make a declaration of refusal let [the elder sister] wait until [the minor] grows up<span class="x" onmousemove="('comment',' And becomes the legal wife of the surviving brother. ');">³⁰</span> and this one<span class="x" onmousemove="('comment',' l.e., the elder sister. ');">³¹</span> is then exempt as his wife's sister'!<span class="x" onmousemove="('comment',' Infra 79b, 109a; which shews that R. Gamaliel permits the annulment of the law of the levirate marriage. Similarly, if R. Meir maintains, like R. Gamaliel, that no levirate bond exists, he should also permit the annulment of the precept of the levirate marriage. ');">³²</span> -The other<span class="x" onmousemove="('comment',' Rabbah. ');">³³</span> said to him: Are you pointing out a contradiction between the opinion of R. Meir and that of R. Gamaliel?<span class="x" onmousemove="('comment',' Though they may agree on the question of the levirate bond, it does not necessarily follow that they agree also on the question of permission to annul the precept of the levirate marriage. ');">³⁴</span> No [replied Abaye]; we mean to say this: Does R. Meir provide even against a doubtful annulment<span class="x" onmousemove="('comment',' Supra; the possibility that one of the brothers might die. ');">³⁵</span> and R. Gamaliel does not provide even against a certainty!<span class="x" onmousemove="('comment',' It is a certainty that when the minor becomes of age the elder sister will be precluded from both marriage and halizah. This wide divergence of opinion is unlikely. Hence the fear of annulling the levirate marriage cannot be the reason for R. Meir's ruling in the above cited Mishnah; and consequently R. Meir cannot be of the opinion that no levirate bond exists. ');">³⁶</span> — It is quite possible that he who does not provide<span class="x" onmousemove="('comment',' Against the annulment of the precept of the levirate marriage. ');">³⁷</span> makes no provision even against a certain annulment, while he who does provide<span class="x" onmousemove="('comment',' Against the annulment of the precept of the levirate marriage. ');">³⁷</span> makes provision even against a doubtful annulment.<span class="x" onmousemove="('comment',' So that R. Meir need not necessarily agree with R. Gamaliel on this point though he will agree with him on the question of the levirate bond. ');">³⁸</span> Said Abaye to R. Joseph: Rab Judah's statement<span class="x" onmousemove="('comment',' That if a woman awaiting the decision of the levir died, the levir is still forbidden to marry her mother (supra 17b end). ');">³⁹</span> is Samuel's;<span class="x" onmousemove="('comment',' Not Rab's who also was his teacher. ');">⁴⁰</span> for we learnt:

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