Responsa for Yevamot 72:1
ואמר ר"ל לעולם לא קנה עד שיאמר פלוני ופלוני ירשו שדה פלונית ופלונית שנתתים להם במתנה וירשום
And [in connection with this] Resh Lakish stated: No possession is ever acquired,<span class="x" onmousemove="('comment',' Where two fields were given to two persons and the expression of 'inheritance was used together with that of 'gift'. ');"><sup>1</sup></span> unless the testator had said, 'Let X and Y inherit this and that particular field which I have assigned to them as a gift, so that they may inherit them'.<span class="x" onmousemove="('comment',' Both acquire possession of the respective fields because the testator had used the expression, 'which I have assigned to them as a gift', implying that the gift was made before it was assigned as an 'inheritance' (v. R. Gershom, B.B. 129a). ');"><sup>2</sup></span> And the third<span class="x" onmousemove="('comment',' Lit., 'and the other', the third ruling of Resh Lakish, which is an accepted halachah. ');"><sup>3</sup></span>
Teshuvot Maharam
A. If L refuses to accept a divorce, Rabbi Eliezer is permitted to marry another woman. Rabbenu Gershom had intended that his prohibition against bigamy should apply only when the first marriage was legitimately contracted; but he had not intended to protect by his takkanah the marriage of a loose and immoral woman. Those who impute such intentions to Rabbenu Gershom will receive severe punishment from Heaven for defaming this saint's character and malignantly ascribing to him silly ordinances in order to make him appear ridiculous and thus discredit his other takkanot. Thus, the Rabbis are intent upon breaking up the marriage of a man to a woman pregnant by another. Would, then, Rabbenu Gershom protect such a marriage by his takkanah! I am even inclined to the opinion that the betrothal itself was invalid since the bridegroom was ignorant of facts, the knowledge of which would have prevented him from marrying L. There is no doubt, however, that Rabbi Eliezer is permitted to marry another woman in case L refuses to accept a divorce.
SOURCES: Cr. 161.