REVACH L'DAF
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| YEVAMOS 107 (4 Elul) - Dedicated l'Iluy Nishmas Chaim Yissachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in law, Jeri & Eli Turkel of Raanana, Israel. |
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SUMMARY
Beis Shamai says only a Ketanah who is an Arusah may do Mi置n and Beis Hillel holds that even if she is a Nesu'ah she may do Mi置n.
(1)
No condition may be made for a Chupah or for Nisu段n.
Once the Ketanah was given over to the agents of the husband she no longer may do Mi置n according to Beis Shamai.
R. Papa says that a Ketanah may not do Mi置n according to Beis Shamai because of the concern that the husband will eat up the fruit of Nichsei Melug. (2)
Rava says that a Ketanah may not do Mi置n according to Beis Shamai because a person does not make a wedding for naught. (3)
R. Oshiya says that a Ketanah may do Mi置n to the Ma誕mar or Bi誕h of the Yavam but not to the Zikah. (4)
Ula says that a Ketanah may do Mi置n to the Zikah because she is uprooting her original marriage.
The Tzaras Ervah of a Ketanah who chose not to do Mi置n must do Chalitzah, but not Yibum.
If a Ketanah does Mi置n to her husband she is permitted to his father, but if she does Mi置n to the Yavam she is forbidden to his father.
Rav says if a Ketanah does Mi置n to the Yavam she is forbidden to the brothers, but Shmuel says she is permitted to the brothers.(5)
Beis Shamai says that Mi置n must be done in front of a Beis Din, but Beis Hillel argues.
The Tana Kama says that Mi置n must be done in front of 3 people according to Beis Hillel.
Beis Shamai says that a Ketanah may only do Mi置n once but Beis Hillel holds that she may do so repeatedly.
A Ketanah who was married off by her mother and brothers without her acquiescence may walk away from the marriage without Mi置n.
R. Chanina Ben Antigonos says that if the Ketanah is not old enough to guard her Kidushin she may walk away from the marriage without Mi置n.
R. Eliezer says that a Ketanah Bas Kohen who was married off by her mother and brothers to a non-Kohen may continue eating Terumah. (7)
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A BIT MORE
1. Shmuel says that the reason for Beis Shamai is because they are concerned that if we allow a Nesu'ah to do Mi置n people might think that she is walking away from the marriage because the Nisu段n was conditional and the condition was not fulfilled and that may lead people to think that a person can make a conditional Nisu段n. Rabah and Rav Yosef say that the reason is because a person does not want to have a Bi'as Znus. If a Ketanah can do Mi置n after the Nisu段n people will refrain from doing Mi置n. Beis Hillel holds since she was married with a Kidushin and a Kesuvah, people will not consider it a Bi誕s Znus.
2. According to Beis Hillel the opposite will happen, he will take care of her Nichsei Melug so that she will not have reason to do Mi置n.
3. According to Beis Hillel they both want to have a wedding even if the marriage is short-lived so that they will be considered a married couple.
4. The Ma誕mar and Bi誕h is instigated by the Yavam and therefore she cannot uproot it, but the Zikah is from Heaven and cannot be uprooted.
5. R. Asi holds she is even permitted to the Yavam that she did the Mi置n to. However she is only permitted to the Yavam that she did the Mi置n to if there are other brothers.
6. R. Yosi Bar R. Yehudah and R. Elazar Bar R. Shimon hold that Mi置n may be done in front of two people.
7. R. Eliezer also holds that if she is a Bas Yisrael married to a Kohen she may not eat Terumah.
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