Responsa for Yevamot 211:8
אמר ליה חלוץ לה ע"מ שתתן לך מאתים זוז לבתר דחלץ לה אמר לה זיל הב ליה אמר ליה משטה אני בך עבדה ליה
When [the levir] came before Abaye the latter said to him, 'Submit to her <i>halizah</i> and you will thereby wed her'. Said R. Papa to him, 'Does not the Master accept the [relevant] ruling of R. Johanan?'<span class="x" onmousemove="('comment',' Requiring both the man and the woman to be of the unanimous intention, during the ceremony, of fulfilling the commandment of halizah. V. supra. ');"><sup>20</sup></span> — 'What then could I tell him?' [the other asked]. 'Tell him', the first replied, '"submit to her <i>halizah</i> on condition that she gives you two hundred <i>zuz</i>."' After [the levir] had submitted to <i>halizah</i> at her hand [Abaye] said to her,<span class="x" onmousemove="('comment',' The sister-in-law. ');"><sup>18</sup></span> 'Go and give him [the stipulated sum]'.<span class="x" onmousemove="('comment',' Though the halizah was in any case valid, Abaye held that the condition must be complied with. ');"><sup>21</sup></span>
Teshuvot Maharam
A. Bediabad, in this case, means after the rite was performed. Nevertheless, the aforementioned performance of the rite is invalid, for a different reason: the shoe used was sewed with flaxen thread and, therefore, was never fit for this purpose. Since, however, the levir performed an invalid rite of halitzah, neither he nor his brothers are now permitted to marry the widow. Halitzah by the same levir being the only manner of releasing her, he may be forced, by persuasion or by flagellation, to repeat the rite with the proper shoe. For now the Mitzvah revolved on him alone, and we are permitted to scourge a Jew until he perform the required Mitzvot.
This Responsum is addressed to Rabbi Menahem of Würzburg.
SOURCES: Am I, 93, 94.
Teshuvot Maharam
A. Bediabad, in this case, means after the rite was performed. Nevertheless, the aforementioned performance of the rite is invalid, for a different reason: the shoe used was sewed with flaxen thread and, therefore, was never fit for this purpose. Since, however, the levir performed an invalid rite of halitzah, neither he nor his brothers are now permitted to marry the widow. Halitzah by the same levir being the only manner of releasing her, he may be forced, by persuasion or by flagellation, to repeat the rite with the proper shoe. For now the Mitzvah revolved on him alone, and we are permitted to scourge a Jew until he perform the required Mitzvot.
This Responsum is addressed to Rabbi Menahem of Würzburg.
SOURCES: Am I, 93, 94.
Teshuvot Maharam
A. Throughout the kingdom, Rashi's view is accepted that a Humash is not an object that is usually borrowed or hired. B therefore may take an oath that the book was pledged with him for two marks. However, B should be careful in taking his oath; for, if A did not actually owe him two marks, but promised to give B two marks if the latter effect a reconciliation between A and his son, A became indebted to B only for the latter's wages for the time and effort expended, but not for full two marks.
SOURCES: Pr. 1007.