Related for Gittin 50:2
תולה בדעת אחרים אית ליה ברירה דתנן מה היא באותן הימים
to drink from it at once. This is the ruling of R. Meir. R. Judah and R. Jose and R. Simeon, however, prohibit [him from doing so].<span class="x" onmousemove="('comment',' Which shows that he cannot decide retrospectively. (For fuller notes v. B.K. (Sonc. ed.) p. 399.) ');"><sup>2</sup></span>
Tosefta Kiddushin
(Translated from the Ehrfurt manuscript:) Any stipulation which has the action at the beginning, such a stipulation is invalid. How so? [If he, the brother-in-law whose brother died, said to her, his dead brother's wife,] "Now that I have released you from the levirate bond, with the understanding that my father is happy about it", even if his father doesn't want this—she is divorced [since he already released her with halitzah]. "Now that I have had sex with you, [be betrothed to me] with the understanding that my father is happy about it", even if his father doesn't want this—she is betrothed [since they already had sex, the stipulation is void]. Rabbi Shimon ben Yehudah says in the name of Rabbi Shimon: If the father wants it—she is betrothed, for she only had sex because of that original condition. Rabbi Shimon ben Elazar had a pneumonic: Any stipulation which is possible to do oneself or with an agent and he stipulated about it—his stipulation stands; but any stipulation that is impossible to do except with his body and he stipulated about it—his stipulation is void. How so? "Behold I divorce you with the understanding that my father is happy about it", if the father wants it—she is divorced; but if he doesn't want it—she is not divorced. "Behold I betroth you with the understanding that my father is happy about it", if the father wants it—she is betrothed; but if he doesn't want it—she is not betrothed.
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