Responsa for Bava Batra 268:1
ליורשו פשיטא לפטור את אשתו מן היבום אצטריכא ליה
As regards the right of heirship! Is it not obvious [that a father is believed]?<span class="x" onmousemove="('comment',' For, were he not his real son there was no need for the father falsely to declare him as an heir. He could have assigned the estate to him as a gift. ');"><sup>1</sup></span> — [The statement] was required in respect of the exemption of his wife from levirate marriage. Surely, this also has been taught [elsewhere]:<span class="x" onmousemove="('comment',' Kid. 64a. ');"><sup>2</sup></span>
Teshuvot Maharam
Q. B sent A to betroth Leah as his wife on his (B's) behalf. A came to Leah's town, invited the important persons of the community, showed them proof that he acted as B's agent, and appointed witnesses, but when he came to betroth Leah as B's wife, he said: "You are hereby betrothed to me", instead of "You are hereby betrothed to B." When the witnesses objected, A said that it was a slip of the tongue, that he did not intend to betroth Leah as his wife, especially since he was married already and that he would not violate the prohibition of polygamy by Rabbenu Gershom. He, therefore, repeated the ceremony and betrothed Leah to B. Must A divorce Leah before she may marry B?
A. No, A is to be believed that he did not intend to betroth Leah as his wife, and his unintentional act is not valid.
R. Meir adds: I wrote you my opinion but I do not want you to rely on it to free Leah without a divorce until you have inquired of the Rabbis of the surrounding territory and of the Rabbis of France. If they agree with me you may accept the above decision; but if they do not agree with me, their opinion is to take precedence over mine.
SOURCES: Pr. 586, 1015; Mord. Kidd. 522, 548; Tesh. Maim. to Nashim, 3.
A. No, A is to be believed that he did not intend to betroth Leah as his wife, and his unintentional act is not valid.
R. Meir adds: I wrote you my opinion but I do not want you to rely on it to free Leah without a divorce until you have inquired of the Rabbis of the surrounding territory and of the Rabbis of France. If they agree with me you may accept the above decision; but if they do not agree with me, their opinion is to take precedence over mine.
SOURCES: Pr. 586, 1015; Mord. Kidd. 522, 548; Tesh. Maim. to Nashim, 3.
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Teshuvot Maharam
Q. B sent A to betroth Leah as his wife on his (B's) behalf. A came to Leah's town, invited the important persons of the community, showed them proof that he acted as B's agent, and appointed witnesses, but when he came to betroth Leah as B's wife, he said: "You are hereby betrothed to me", instead of "You are hereby betrothed to B." When the witnesses objected, A said that it was a slip of the tongue, that he did not intend to betroth Leah as his wife, especially since he was married already and that he would not violate the prohibition of polygamy by Rabbenu Gershom. He, therefore, repeated the ceremony and betrothed Leah to B. Must A divorce Leah before she may marry B?
A. No, A is to be believed that he did not intend to betroth Leah as his wife, and his unintentional act is not valid.
R. Meir adds: I wrote you my opinion but I do not want you to rely on it to free Leah without a divorce until you have inquired of the Rabbis of the surrounding territory and of the Rabbis of France. If they agree with me you may accept the above decision; but if they do not agree with me, their opinion is to take precedence over mine.
SOURCES: Pr. 586, 1015; Mord. Kidd. 522, 548; Tesh. Maim. to Nashim, 3.
A. No, A is to be believed that he did not intend to betroth Leah as his wife, and his unintentional act is not valid.
R. Meir adds: I wrote you my opinion but I do not want you to rely on it to free Leah without a divorce until you have inquired of the Rabbis of the surrounding territory and of the Rabbis of France. If they agree with me you may accept the above decision; but if they do not agree with me, their opinion is to take precedence over mine.
SOURCES: Pr. 586, 1015; Mord. Kidd. 522, 548; Tesh. Maim. to Nashim, 3.
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