Responsa for Yevamot 169:11
בעא מיניה רבי אלעזר מרבי יוחנן אלמנה לכ"ג גרושה וחלוצה לכהן הדיוט יש להן מזונות או אין להן מזונות היכי דמי אילימא דיתבה תותיה בעמוד והוצא קאי מזונות אית לה לא צריכא שהלך הוא למדינת הים ולותה ואכלה מאי
— There is a lacuna, and thus it is the correct reading:<span class="x" onmousemove="('comment',' Lit., 'and thus he taught'. ');"><sup>33</sup></span> Her <i>kethubah</i><span class="x" onmousemove="('comment',' Of a widow subject to the levirate marriage. ');"><sup>25</sup></span> is a charge upon the estate of her first husband; and if she obtains nothing from the first, the Rabbis have ordained [that she is to receive it] from the second; but if she was a relative of the second grade of kinship to her husband she receives nothing even from the levir. R. Eleazar enquired of R. Johanan: Is a widow [who was married] to a High Priest, or a divorcee or a <i>haluzah</i> [who was married] to a common priest entitled to maintenance or not? How is this question to be understood? If [it is a case] where she still lives with him,<span class="x" onmousemove="('comment',' Lit., 'sits under him', her forbidden husband. ');"><sup>34</sup></span>
Teshuvot Maharam
A. If L refuses to accept a divorce, Rabbi Eliezer is permitted to marry another woman. Rabbenu Gershom had intended that his prohibition against bigamy should apply only when the first marriage was legitimately contracted; but he had not intended to protect by his takkanah the marriage of a loose and immoral woman. Those who impute such intentions to Rabbenu Gershom will receive severe punishment from Heaven for defaming this saint's character and malignantly ascribing to him silly ordinances in order to make him appear ridiculous and thus discredit his other takkanot. Thus, the Rabbis are intent upon breaking up the marriage of a man to a woman pregnant by another. Would, then, Rabbenu Gershom protect such a marriage by his takkanah! I am even inclined to the opinion that the betrothal itself was invalid since the bridegroom was ignorant of facts, the knowledge of which would have prevented him from marrying L. There is no doubt, however, that Rabbi Eliezer is permitted to marry another woman in case L refuses to accept a divorce.
SOURCES: Cr. 161.
Teshuvot Maharam
A. Biblical law requires that a husband must provide his wife's sustenance; therefore, A must pay whatever his wife borrowed for her sustenance.
SOURCES: Pr. 232; L. 383. Cf. P. 11; Mord. Ket. 273.