Responsa for Bava Batra 292:7
מאן תנא להא דתנו רבנן הרי שהיה חולה ומוטל במטה ואמרו לו נכסיך למי ואמר להן
in accordance with [the view of] R. Simeon Shezuri? — There [the case is] different, since he said, 'write'.<span class="x" onmousemove="('comment',' By this instruction It was made clear that he wished his wife to be legally divorced; and since this cannot be done without the delivery of the bill of divorcement, his instruction must he taken to, extend to, the delivery also. For the case of our Mishnah, however, this argument cannot be applied. ');"><sup>25</sup></span> And why does not R. Shesheth establish it<span class="x" onmousemove="('comment',' Our Mishnah. ');"><sup>24</sup></span> in accordance with [the view of] R. Simeon b. Menasya? — A well grounded assumption<span class="x" onmousemove="('comment',' In the case of the father who gave all his property to a stranger. since he did not give it away so long as he believed his son to he alive, it is clear that the sole reason why he gave it away subsequently was the reported death of his son. ');"><sup>26</sup></span> is different.<span class="x" onmousemove="('comment',' From the case of our Mishnah Since most ailing persons recover, there is not necessarily any reason for the assumption that the gift was due to the testator's belief that he would not recover. ');"><sup>27</sup></span> Who is the author of the following ruling<span class="x" onmousemove="('comment',' Lit., 'who taught that'. ');"><sup>28</sup></span> which was taught by our Rabbis? 'If a person was lying ill in bed, and was asked, "To whom [shall] your estate [be given]?" and he replied
Teshuvot Maharam
A. In order to curtail the possibility of Jewish women turning to mischief, and in order that people might not say: "This one is A's wife and this one his paramour", we should not permit the husband to remarry before he divorces his rebellious wife. Therefore, A should receive a limited amount of money and give Leah her divorce, or, he should give Leah a divorce on condition that the divorce become valid (from now and) twelve months, or two years, after date. After the delivery of such a conditional divorce, A may be permitted to remarry immediately. If, however, Leah had good reason to detest her husband, she should be dealt with more leniently. Therefore, you should use your judgment in determining the severity with which Leah is to be punished.
SOURCES: Pr. 946; Mordecai Hagadol, p. 161b.
Teshuvot Maharam
A. Had the witnesses seen the ring fall into Leah's lap, she would need a divorce in spite of her claim that she never intended to become A's wife and that she was joking when she asked him to betroth her. For we would, then, be concerned only with facts and not with her thoughts and unexpressed intentions. But, since the witnesses did not see the ring fall into Leah's lap, and the yard where the incident took place did not belong to Leah, she needs no divorce, for no betrothal took place. R. Meir adds: If my teachers agree with my decision, all will be well. But if they do not agree I shall subscribe to whatever they decide to do. However, I should prefer not to be strict in this matter and not to require Leah to obtain a divorce, lest A become rebellious and refuse to divorce her, and lest he travel to a distant land and thus render it impossible for the unfortunate woman ever to marry again.
This Responsum is addressed to: "My teacher Rabbi Haim and his court."
SOURCES: Pr. 993: Mord. Git. 451; ibid. Kid. 548: Tesh. Maim. to Nashim. 1.