Related for Bava Batra 120:21
אלא הנח להם לישראל מוטב שיהיו שוגגין ואל יהיו מזידין:
which we place on the head of a bridegroom. R. Papa asked Abaye: Where should they be placed? [He replied]: Just where the phylactery is worn, as it says, To appoint unto them that mourn in Zion, to give then a garland [pe'er] for ashes [epher].<span class="x" onmousemove="('comment',' Isa. LXI, 3. The word pe'er is supposed to refer to the phylacteries on the basis of the verse, Bind thy headtire (pe'erka) upon thee. (Ezek. XXIV, 17.) ');"><sup>19</sup></span>
Tosefta Sotah
Rabbi Ishmael said: From the day that the Temple was destroyed, it would be appropriate that we not eat meat or drink wine (since these were used in the Temple service). But a court does not decree (restrictions) on the community which they cannot uphold. He would say that since they (the Romans) decree upon us that we not learn Torah, we should decree upon the community that they not marry women (since they do not know marriage and family laws), and not have children - and as a consequence, the seed of Abraham will cease. Rather, leave Israel alone (to continue to do as they now do, marrying and having families); it is better that (if they transgress), they do so inadvertently and not intentionally.
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