Talmud Bavli
Talmud Bavli

Responsa for Yevamot 214:17

רבי אליעזר בן יעקב אומר כל עכבה שהיא מן האיש כאילו היא אשתו כל עכבה שאינה מן האיש כאילו אינה אשתו:

— This is a difficulty. <b><i>MISHNAH</i></b>. WHICH MINOR MUST MAKE THE DECLARATION OF REFUSAL?<span class="x" onmousemove="('comment',' If she desires to leave her husband. ');"><sup>53</sup></span> ANY WHOSE MOTHER OR BROTHERS HAVE GIVEN HER IN MARRIAGE WITH HER CONSENT. IF, HOWEVER, THEY GAVE HER IN MARRIAGE WITHOUT HER CONSENT SHE NEED NOT MAKE ANY DECLARATION OF REFUSAL.<span class="x" onmousemove="('comment',' She may leave her husband without any legal formality, and may marry any other man. ');"><sup>54</sup></span> R. HANINA B. ANTIGONUS RULED: ANY CHILD WHO IS UNABLE TO TAKE CARE OF HER TOKEN OF BETROTHAL<span class="x" onmousemove="('comment',' The money or object whereby the kinyan of betrothal is effected. Cf. Kid. 2af. ');"><sup>55</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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