Responsa for Yevamot 72:16
אמר ליה רבינא לרב משרשיא
died within thirty days<span class="x" onmousemove="('comment',' Of his birth. ');"><sup>43</sup></span> and she<span class="x" onmousemove="('comment',' His mother, the widow of his deceased father. ');"><sup>44</sup></span> was subsequently<span class="x" onmousemove="('comment',' Lit., 'stood up.' ');"><sup>45</sup></span> betrothed,<span class="x" onmousemove="('comment',' To a stranger; believing that the birth of the child was sufficient to exempt her from the obligations of the levirate marriage and the halizah. ');"><sup>46</sup></span> Rabina said in the name of Raba that if she<span class="x" onmousemove="('comment',' His mother, the widow of his deceased father. ');"><sup>44</sup></span> was the wife of an Israelite<span class="x" onmousemove="('comment',' I.e., if the man who betrothed her was an Israelite who may marry a haluzah. ');"><sup>47</sup></span> she must perform the <i>halizah</i><span class="x" onmousemove="('comment',' With the levir. ');"><sup>48</sup></span> and if she was the wife of a priest<span class="x" onmousemove="('comment',' Cf. supra 8. A priest may not marry a haluzah. ');"><sup>49</sup></span> she must not perform the <i>halizah</i>.<span class="x" onmousemove="('comment',' Were she to perform it. her husband could not subsequently be allowed to live with her. Hence she is granted exemption from halizah by virtue of the child's birth alone. ');"><sup>50</sup></span> R. Mesharsheya<span class="x" onmousemove="('comment',' Var. lec. 'Sherabya', v. Shab. 136b. ');"><sup>51</sup></span> said in the name of Raba: The one as well as the other must perform the <i>halizah</i>. Said Rabina to R. Mesharsheya:<span class="x" onmousemove="('comment',' Var. lec. 'Sherabya', v. Shab. 136b. ');"><sup>51</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.