Commentary for Yevamot 38:6

אלא עמד מדעתה ולא הספיק מדעתה אלא בעל כרחה ודלא כרבי דתניא העושה מאמר ביבמתו שלא מדעתה ר' אומר קנה וחכ"א לא קנה

Our point is thus proved. The Master said, '[If] the second intended to address a <i>ma'amar</i> to his deceased brother's wife but before he was able to do so, a third brother was born while he himself died, the first widow is exempt as "the wife of the brother who was not his contemporary" and the second may either perform <i>halizah</i> or be taken in levirate marriage'. What is meant by 'he intended' and what by 'he was not able'? If he did it, it is an accomplished fact;<span class="x" onmousemove="('comment',' And the intention is of no consequence. ');">¹⁶</span> and if he did not do it, it is not an accomplished fact!<span class="x" onmousemove="('comment',' And the intention is of no consequence. ');">¹⁶</span> -In fact [this is the meaning:] 'He intended' with her consent and 'he was not able' with her consent but against her wish.<span class="x" onmousemove="('comment',' The object of the statement being that the ma'amar has not even partially the force of marriage if it was made against the woman's will. The second widow may, therefore, be taken in levirate marriage. ');">¹⁷</span>

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