Responsa for Yevamot 213:13
והרי ביאה דבעל כרחה
— Both are pleased [to be married to each other]<span class="x" onmousemove="('comment',' Despite the objections pointed out by Beth Shammai. ');"><sup>38</sup></span> in order that they may be known as married people.<span class="x" onmousemove="('comment',' The possible loss does not, therefore, prevent a man from marrying a minor. ');"><sup>39</sup></span> BETH SHAMMAI RULED … AGAINST A HUSBAND etc. R. Oshaia stated: She may<span class="x" onmousemove="('comment',' According to Beth Hillel who allow the right of refusal even against a levir. ');"><sup>40</sup></span> make a declaration of refusal in respect of his ma'amar<span class="x" onmousemove="('comment',' If the levir made a ma'amar, she can annul it by mi'un, and no divorce is required. ');"><sup>41</sup></span> but she has no right to make a declaration of refusal in respect of his levirate bond.<span class="x" onmousemove="('comment',' Only halizah can sever the levirate bond. In ordinary cases where the levir addressed to the yebamah a ma'amar, she requires for her freedom both a divorce to annul the effect of the ma'amar, and halizah to sever the levirate bond. ');"><sup>42</sup></span> Said R. Hisda: What is R. Oshaia's reason? — She has the power to annul a ma'amar which is effected with her consent; she has no power, however, to sever the levirate bond since it is binding on her against her will.<span class="x" onmousemove="('comment',' Because it is due to her marriage with the deceased brother, which, since she did not exercise her right of refusal against him, remained valid. ');"><sup>43</sup></span> But, surely, [levirate marriage by] cohabitation may be effected against her will<span class="x" onmousemove="('comment',' Cf. supra 53b, 54a. ');"><sup>44</sup></span>
Teshuvot Maharam
A. We follow Alfasi (Yeb. 107b) who rules that a minor may sever her dependency upon her levir by "Refusal". In this case we accept the testimony of the aforesaid women regarding her age and condition.
This Responsum is addressed to Rabbi Yakar haLevi.
SOURCES: Cr. 81.