Responsa for Yevamot 72:5
ור"ל אמר קנה לוקח קנין פירות לאו כקנין הגוף דמי:
and Resh Lakish said: The buyer does acquire ownership.<span class="x" onmousemove="('comment',' After the death of the father, as the representative of the son, who, were he alive, would have been entitled to the inheritance. ');"><sup>13</sup></span> R. Johanan said that 'the buyer does not acquire ownership', because possession of usufruct is like possession of the capital;<span class="x" onmousemove="('comment',' Since the usufruct was in the ownership of the father, the capital, i.e., the soil, is also regarded as being in his possession, and the son, therefore, during the lifetime of his father is not entitled to transfer it to the buyer. ');"><sup>14</sup></span> and Resh Lakish said that 'the buyer does acquire ownership', because possession of usufruct is not like possession of the capital.<span class="x" onmousemove="('comment',' B.K. l.c., B.B. 136af. The soil, therefore, was the undisputed property of the son who, consequently. was fully entitled to transfer it to the buyer. ');"><sup>15</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.