Responsa for Bava Batra 292:6
ורב נחמן מאי טעמא לא מוקים לה כרבי שמעון שזורי שאני התם דאמר כתבו ורב ששת מ"ט לא מוקים לה כרבי שמעון בן מנסיא אומדנא דמוכח שאני
said, 'Write a bill of divorce for my wife', It is to be written and delivered [to her];<span class="x" onmousemove="('comment',' Though he only authorized the writing of the divorce, and not its delivery, it is assumed that he had forgotten to mention the latter owing to the perturbed state of his mind ');"><sup>21</sup></span> later, however, It was held<span class="x" onmousemove="('comment',' Lit., 'they returned to say'. ');"><sup>22</sup></span> [that the same law applies] also [to] one who goes out [to sea] or on a caravan [journey]. R. Simeon Shezuri said: [The same law] also [applies to one] who is dangerously [ill]<span class="x" onmousemove="('comment',' Because it is assumed that his motive and intentions were to have his wife divorced so that she might be exempt from the levirate marriage and from halizah.. Since the same principles of motive and intention underlie the law of our Mishnah, it may be taken to represent the view of R. Simeon Shezuri. ');"><sup>23</sup></span> For what reason, however, does not R. Nahman establish it<span class="x" onmousemove="('comment',' Our Mishnah. ');"><sup>24</sup></span>
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.