Responsa for Gittin 146:9
כר' יוסי בר' יהודה
her of fornication but do not suspect it was for betrothal. R. Jose son of R. Judah says, We also suspect that it may have been for betrothal. On which of these views can we justify the statement made by Rabbah b. Bar Hanah in the name of R. Johanan: 'The difference arises only in the case where they saw her have intercourse, but if they did not see her have intercourse, both sides agree that she does not require from him a second Get'? On which view can this be justified? On the view of R. Jose.<span class="x" onmousemove="('comment',' For according to the first Tanna a second Get is not required even where they saw her. This therefore must also be the view of Beth Hillel, as the first Tanna is not likely to follow Beth Shammai in preference to Beth Hillel with whom the halachah generally rests. ');"><sup>8</sup></span>
Teshuvot Maharam
A. The bill of divorcement was ineffective. First, according to R. Tam and Ri the stipulated condition mentioned above, is to be interpreted to mean that A intended the divorce to become effective an hour before his death. Since on the day of A's death the bill of divorcement was already torn up, no divorce took place. A similar query was sent to me from Acco (Aachen?) and I ruled that no divorce took place. I always advise women who receive such conditional divorces to guard their bills of divorcement carefully till their husbands die. Secondly, even according to Rashi, who believes that the divorce becomes effective immediately upon the delivery of the bill of divorcement, if the husband subsequently dies from his illness, the fact that A was walking thereafter without the support of a cane nullified the bill of divorcement. In any event the advice of a medical authority would be required in order to decide whether or not A died from his first illness; and nowadays we have no medical authorities on whose expert opinion we can definitely rely in such a vital matter.
R. Meir adds: I do not possess the Tosaphot to tractate Gittin, nor the code books from the south (Alfasi and Maimonides). I composed the above with the help of heavenly guide; if you find that the Tosaphot and the codes hold another opinion, my opinion is nullified by theirs; for what does a poor man know, one who dwells in darkness and gloom for three and one half years.
This responsum was sent to Rabbi Asher from the tower of Ensisheim and was placed in his (R. Meir's) novellae in his own handwriting.
SOURCES: Am II, 108; Tesh. Maim. to Nashim, 30; Mordecai Hagadol, p. 229b.