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|12th CYCLE DEDICATIONS|
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.
Beis Shamai: Only a Ketanah who is an Arusah may do Mi'un. Beis Hillel: Even if she is a Nesu'ah, she may do Mi'un. (1)
No condition may be made for a Chupah or for Nisu'in.
Once the Ketanah was given over to the agents of the husband, she no longer may do Mi'un, according to Beis Shamai.
Rav Papa: A Ketanah may not do Mi'un according to Beis Shamai, because of the concern that the husband will consume the fruit of Nichsei Melug. (2)
Rava says that a Ketanah may not do Mi'un according to Beis Shamai, because a person does not make a wedding for naught. (3)
Rav Oshiya: A Ketanah may do Mi'un to the Ma'amar or Bi'ah of the Yavam, but not to the Zikah. (4)
Ula says that a Ketanah may do Mi'un to the Zikah, because she is uprooting her original marriage.
The Tzaras Ervah of a Ketanah who chose not to do Mi'un must do Chalitzah, but not Yibum.
If a Ketanah does Mi'un to her husband, she is permitted to his father, but if she does Mi'un to the Yavam, she is forbidden to his father.
Rav: If a Ketanah does Mi'un to the Yavam, she is forbidden to the brothers. Shmuel: She is permitted to the brothers. (5)
Beis Shamai: Mi'un must be done in front of a Beis Din. Beis Hillel: Mi'un does not need to be done in front of a Beis Din.
The Tana Kama says that according to Beis Hillel, Mi'un must be done in front of three people.
Beis Shamai: A Ketanah may do Mi'un only once. Beis Hillel: She may do Mi'un multiple times.
A Ketanah who was married off by her mother and brothers without her acquiescence may walk away from the marriage without Mi'un.
Rebbi Chanina ben Antigonos: If the Ketanah is not old enough to guard her Kidushin, she may walk away from the marriage without Mi'un.
Rebbi Eliezer: A Ketanah Bas Kohen who was married off by her mother and brothers to a non-Kohen may continue to eat Terumah. (7)
A BIT MORE
1. Shmuel: Beis Shamai's reasoning is the concern that if a Nesu'ah is allowed to do Mi'un, people might think that she is walking away from the marriage because the Nisu'in was conditional and the condition was not fulfilled, and that may lead people to think that a person can make a conditional Nisu'in. Rabah and Rav Yosef: Beis Shamai's reasoning is that a person does not want to have a Bi'as Znus. If a Ketanah can do Mi'un after the Nisu'in, people will refrain from doing Mi'un. Beis Hillel maintains that since she was married with Kidushin and a Kesuvah, people will not consider it a Bi'as 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'un.
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'amar and Bi'ah is instigated by the Yavam, and therefore she cannot uproot it, but the Zikah is from Heaven and cannot be uprooted.
5. Rav Asi maintains that she is permitted even to the Yavam to whom she did the Mi'un. However, she is permitted to the Yavam to whom she did the Mi'un only if there are other brothers.
6. Rebbi Yosi b'Rebbi Yehudah and Rebbi Elazar b'Rebbi Shimon maintain that Mi'un may be done in front of two people.
7. Rebbi Eliezer also maintains that if she is a Bas Yisrael married to a Kohen, she may not eat Terumah.
THE MI'UN OF A KETANAH
The Mishnah says that according to Beis Shamai, only a Ketanah who is an Arusah may do Mi'un; a Nesu'ah may not do Mi'un. According to Beis Hillel, even a Nesu'ah may do Mi'un. The Ramban says that if the Ketanah is an Arusah whose Kidushin was received by her mother and brothers, she does not even need Mi'un, and she may back out without any Mi'un at all. The reason is that the concept of Shelichus does not apply to a Ketanah, and therefore the Kidushin was meaningless. Only if she received the Kidushin herself does an Arusah require Mi'un. However, once she is a Nesu'ah, she requires Mi'un even if the Kidushin was received by her mother and brothers, since the Nisu'in was done with her consent.
L'Chatchilah, Beis Din should not allow a Ketanah to get married if it appears that she will end up doing Mi'un. The judge should use his own discretion (regarding the potential of her doing Mi'un). (Shulchan Aruch EH 155:1)
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