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Previous daf Yevamos 12
YEVAMOS 11 & 12 (2 & 3 Teves) - the Dafyomi study for the last day of
Chanukah and 3 Teves has been dedicated to the memory of Hagaon Rav Yisrael
Zev Gustman ZaTZaL (author of "Kuntresei Shiurim") and his wife (on her
Yahrzeit), by a student who merited to study under him.
1) [line 19] MEMA'ENES (MI'UN)
(a) The Torah gives a father the right to marry off his daughter at any age
before she is twelve years old.
(b) If she was divorced or widowed or her father died without marrying her
off, the Chachamim gave the girl's mother and/or oldest brother the right to
marry her off. In these cases the marriage is only mid'Rabanan and she must
be at least ten years old, or at least six years old if she has an
understanding of the concept of marriage.
(c) According to the RAMBAM and the RA'AVAD, in the above circumstances, the
Chachamim also gave *her* the right to get married by herself. This marriage
is also mid'Rabanan. According to the Rambam, she must be at least ten years
old, or at least six years old if she has an understanding of the concept of
marriage. According to the Ra'avad, however, her Kidushin is valid even if
she has enough sense to guard the object given to her for her Kidushin (and
she realizes that it was given to her for Kidushin).
(d) In the instances of marriage mid'Rabanan, before she reaches Halachic
puberty and becomes a Na'arah (through the growth of two pubic hairs), she
has the option of annulling the marriage through a procedure known as Mi'un
(refusal). She says before two witnesses, "I do not want him," and the
marriage is annulled retroactively. There is no need for her to receive a Get
(a bill of divorce). A girl who is married off by her father cannot annul the
marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)
2) [line 21] MI'ANAH B'ZEH MUTERES L'ZEH - if she exercised her right of
Mi'un on her brother-in-law (who was chosen as the one to perform Yibum or
Chalitzah, usually the oldest), she is permitted to marry any of the other
*3*) [line 25] MISHUM TZARAS BITO MEMA'ENES - (even though Tzaras Bito
Mema'enes is only prohibited due to a Gezereirah d'Rabanan, and we normally
do not enact a Gezeirah to enforce what has been prohhibited through another
Gezeirah ("Gezeirah l'Gezeirah") in this case the Rabanan enacted both
Gezeiros as twp parts of one encompassing Gezeirah ("Kula Chada Gezeirah Hi")
*4*) [line 28] ILEIMA D'MI'ANAH BA'BA'AL - that is, if we say that she
exercised her right of Mi'un on her husband (annulling their marriage)
*before* he died.
5) [line 36] AILONIS - a woman who is incapable of conception. This word is
derived from the word "Ayil", a ram, which is a male and does not have a womb
6) [line 7] MESHAMSHOS B'MOCH - are permitted to have relations using cloths
to prevent them from becoming pregnant
7) [line 9] SANDAL - a flat, fish-shaped abortion
8) [line 29] SIMANIM
(a) Simanim are the physical signs of maturity that confer the status of
adulthood to a Jewish boy or girl with regard to their obligation in Mitzvos.
(b) From the time a child grows two pubic hairs, he is no longer considered
to be a minor, and he is obligated in Mitzvos like a full grown adult. The
pubic hairs must fit certain criteria of length and location, and the child
must also have reached a certain minimum age. The minimum age for a boy is 12
years, and for a girl is 11 years. If the hairs grew before the age of 12 for
a boy and 11 for a girl, they are assumed to be the result of a mole and not
pubic hair (Nidah 46a). If they grow between the ages of 12 and 13 for a boy,
and between the ages of 11 and 12 for a girl, the Amora'im argue as to
whether they confer the status of adulthood or not ("Toch Zeman k'Lifnei
ha'Zeman" and "Toch Zeman k'Le'achar ha'Zeman" -- ibid. 45b).
(c) Sometimes other signs, aside from pubic hairs, confer the status of
adulthood. Our Gemara discusses the possibility that giving birth to children
confers the status of adulthood to a girl.
9) [last line] AD SHE'YIRBEH HA'SHACHOR - until she has an abundance of pubic
hair. The Gemara (Nidah 52a) explains that this means that the two hairs must
have grown long enough to be easily visible