Responsa for Yevamot 72:4
ר' יוחנן אמר לא קנה לוקח קנין פירות כקנין הגוף דמי
If the son sold it, the buyer has no claim whatsoever upon it until the father's death.<span class="x" onmousemove="('comment',' B.K. 88b, B.B. 1362. ');"><sup>10</sup></span> And it was stated: If the son sold the estate<span class="x" onmousemove="('comment',' Assigned to him by his father for possession after his death. ');"><sup>11</sup></span> during the lifetime of his father, and died while his father was still alive, R. Johanan said: The buyer does not acquire ownership;<span class="x" onmousemove="('comment',' Even after the father's death, since the estate has never come into the son's possession. ');"><sup>12</sup></span>
Teshuvot Maharam
Q. Rabbi Eliezer B. Joseph betrothed L through a deputy. Subsequently it was discovered that at the time of the betrothal L was pregnant through harlotry.
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.
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.
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