Commentary for Yevamot 38:7

מ"ט דר' גמר מביאה דיבמה מה ביאה דיבמה בעל כרחה אף קדושין דיבמה בעל כרחה ורבנן גמרי מקדושין דעלמא מה קדושין דעלמא מדעתה אף קדושין דיבמה מדעתה

This,<span class="x" onmousemove="('comment',' That the ma'amar addressed to the wife of a deceased brother (Yebamah. v. Glos.) is invalid unless she consented to the betrothal. ');">¹⁸</span> however, is not in agreement with the view of Rabbi. For it was taught: If a man addressed a ma'amar to his deceased brother's wife against her consent, Rabbi regards this as legal [betrothal].<span class="x" onmousemove="('comment',' Lit., 'he acquired'. ');">¹⁹</span> But the Sages say, This is not a legal [betrothal]. What is Rabbi's reason? — He deduces [this form of betrothal] from the intercourse with the wife of a deceased brother; as the Intercourse with the wife of a deceased brother may be effected against her will<span class="x" onmousemove="('comment',' V supra 8b. ');">²⁰</span> so may the betrothal of the wife of a deceased brother be effected against her will. And the Rabbis? — They deduce it from the usual form of betrothal;<span class="x" onmousemove="('comment',' The betrothal of a stranger. ');">²¹</span>

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