Responsa for Yevamot 60:8
ספק גרושין כתב בכתב ידו ואין עליו עדים יש עליו עדים ואין בו זמן יש בו זמן ואין בו אלא עד אחד זהו ספק גרושין:
has no alternative but to adopt the view of R. Jeremiah. And according to Raba,<span class="x" onmousemove="('comment',' Who holds that the subjection to the levirate marriage is caused by the death of the childless brother, and that the rival is permitted to the surviving levir even if the deceased had married her prior to his divorcing his wife, who is the sister of the surviving levir's wife. ');"><sup>17</sup></span> the explanation would be satisfactory if he held the View of R. Ashi,<span class="x" onmousemove="('comment',' That a levirate bond exists. ');"><sup>18</sup></span>
Teshuvot Maharam
Q. In the presence of witnesses Leah asked A to betroth her. While she was in a yard not owned by her, A threw a ring into her lap for the purpose of betrothal. The witnesses, although they saw Leah shake her dresses in order to brush the ring away, did not see whether or not the ring actually fell into her lap. Does Leah need a divorce from A?
A. Had the witnesses seen the ring fall into Leah's lap, she would need a divorce in spite of her claim that she never intended to become A's wife and that she was joking when she asked him to betroth her. For we would, then, be concerned only with facts and not with her thoughts and unexpressed intentions. But, since the witnesses did not see the ring fall into Leah's lap, and the yard where the incident took place did not belong to Leah, she needs no divorce, for no betrothal took place. R. Meir adds: If my teachers agree with my decision, all will be well. But if they do not agree I shall subscribe to whatever they decide to do. However, I should prefer not to be strict in this matter and not to require Leah to obtain a divorce, lest A become rebellious and refuse to divorce her, and lest he travel to a distant land and thus render it impossible for the unfortunate woman ever to marry again.
This Responsum is addressed to: "My teacher Rabbi Haim and his court."
SOURCES: Pr. 993: Mord. Git. 451; ibid. Kid. 548: Tesh. Maim. to Nashim. 1.
A. Had the witnesses seen the ring fall into Leah's lap, she would need a divorce in spite of her claim that she never intended to become A's wife and that she was joking when she asked him to betroth her. For we would, then, be concerned only with facts and not with her thoughts and unexpressed intentions. But, since the witnesses did not see the ring fall into Leah's lap, and the yard where the incident took place did not belong to Leah, she needs no divorce, for no betrothal took place. R. Meir adds: If my teachers agree with my decision, all will be well. But if they do not agree I shall subscribe to whatever they decide to do. However, I should prefer not to be strict in this matter and not to require Leah to obtain a divorce, lest A become rebellious and refuse to divorce her, and lest he travel to a distant land and thus render it impossible for the unfortunate woman ever to marry again.
This Responsum is addressed to: "My teacher Rabbi Haim and his court."
SOURCES: Pr. 993: Mord. Git. 451; ibid. Kid. 548: Tesh. Maim. to Nashim. 1.
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