Study Ketubot folio 74A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
In the name of R' Eliezer they said that even in this case she performs ḥalitza, but she may not enter into levirate marriage. This dispute seems to hinge on whether, when he had sex with her as an adult, he did so for the purpose of betrothal, or whether he relied upon the invalid betrothal perfor
The Talmud refutes this claim: This is not the nature of the disagreement. Rather, there too they disagree over a possible halakhic error: One Sage, the first tanna, holds that a person knows that the betrothal of a minor girl is nothing, and consequently, after she reaches adulthood, he decides to
It was also stated in accordance with Rabba’s opinion, that there is no dispute with regard to an error concerning one woman: Rav Aḥa bar Ya’akov said that R' Yoḥanan said: One who betrothed a woman conditionally and had sex without specifying that he is voiding the condition, all agree that she doe
R' Yoḥanan said: I teach with regard to the halakhot of ḥalitza: Whether he intended to release her through ḥalitza and she did not intend it, or whether she intended this outcome and he did not intend it, her ḥalitza is invalid; it will always be invalid until they both intend the appropriate outc
The Talmud returns to our issue: Apparently, it can be seen from here that since he performed an action, the halakha views this as though he explicitly waived his condition, for although he stipulated a condition, once he actually performs ḥalitza the condition is ignored. If so, here too, with