Talmud Bavli
Talmud Bavli

Responsa for Yevamot 214:12

בית שמאי אומרים תמאן וכו': והא מיאנה חדא זימנא אמר שמואל עד שתגדיל ותאמר רוצה אני במיאונים הראשונים

it is obvious that [the minor] was married to him;<span class="x" onmousemove="('comment',' Not merely betrothed. Before marriage, even if betrothal had taken place, a husband is not entitled to the usufruct of his wife's melog property. ');"><sup>33</sup></span> but [if this was the case] did not Beth Shammai rule [it may be asked] that a married minor may not exercise the right of refusal!<span class="x" onmousemove="('comment',' How then could she here at all make such a declaration! ');"><sup>34</sup></span> They bound him with two bonds.<span class="x" onmousemove="('comment',' Metaph. He was subjected to two penalties. [H] sing. [H] (Heb. [H]) 'knot', 'bond'. ');"><sup>35</sup></span> BETH SHAMMAI RULED:&nbsp;… BEFORE <i>BETH DIN</i> etc. Elsewhere we learned: <i>Halizah</i> and declarations of <i>mi'un</i> [must be witnessed by] three men.<span class="x" onmousemove="('comment',' Supra 101b, Sanh. 2a. ');"><sup>36</sup></span>

Teshuvot Maharam

Q. L, an orphan, was betrothed by her mother to A. Subsequently A was killed on a day of rioting and massacre leaving a year-old brother. L is eleven years old according to the testimony of women, and has no symptoms of pubescence. May L sever her dependence upon A's brother by "Refusal"?
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.
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