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Yevamos 107

YEVAMOS 107 - this Daf has been dedicated by Herb Smilowitz and family of W. Orange N.J. May they be blessed with health and long years, and continue to see much Yiddishe Nachas from all of their children!


***** Perek Beis Shamai *****


(a) Beis Shamai permit only an Arusah to make Miy'un. He also restricts it to Miy'un with the husband, but not with the Yavam - and it must take place, according to them, both in the presence of her husband and in front of Beis-Din.

(b) According to Beis-Hillel - a girl may make Miy'un even after she is married, even with the Yavam, and if neither her husband is present nor is she in front of Beis-Din.

(c) Beis Hillel permit a Ketanah to make Miy'un any number of times - according to Beis Shamai, the B'nos Yisrael are not Hefker; once she has made Miy'un, she waits until she grows-up, before making Miy'un (this will be explained later) and re-marrying.

(a) Rav Yehudah Amar Shmuel ascribes Beis Shamai's reason for restricting Miy'un to an Arusah, to the principle 'Ein T'nai be'Nisu'in' - and we are afraid that, if we were to permit a married woman girl to make Miy'un, people would ascribe her remarrying without a Get to a condition that was not kept, implying 'Yesh T'nai be'Nisu'in'.

(b) The principle also extends to Nisu'in (even if there has been no Bi'ah) - there too, we say 'Ein T'nai be'Chupah.

(c) It certainly does not apply to a case where the father handed her over to the husband's Sh'luchim (to take her to the Chupah). The reason that Beis Shamai do not permit Miy'un at that stage is - because of the principle 'Lo P'lug' (in order not to differentiate between one kind of marriage and another).

(d) The text 'where the father handed her over to the husband's Sh'luchim' cannot be literal - because if the girl's father was alive, she would be married min ha'Torah and Miy'un would not be permitted. What the Gemara obviously means therefore, is 'when her brothers handed her over ... '.

3) Beis Hillel agree with the principle of 'Ein T'nai be'Nisu'in' - only they hold that everyone will know that the Ketanah left without a Get is because her Kidushin was only mi'de'Rabbanan, and that Miy'un therefore helps.


(a) Rabah and Rav Yosef ascribe Beis Shamai's reason to the principle 'Ein Adam Oseh Be'ilaso Be'ilas Z'nus' - meaning that since Chazal instituted the marriage of a Ketanah, the Takanah would be self-defeating if she were able to make Miy'un, because not liking their Bi'ah to be termed a Be'ilas Z'nus, they would desist from marrying them in the first place.

(b) And the same will apply to Chupah - since they do not like their Chupah to be termed a Chupas Isur either.

(c) Beis Hillel argues - that they will not consider this to be a Bi'as Z'nus, since there was Kidushin and a Kesubah.

(d) According to Rav Papa, both Beis Shamai and Beis Hillel base their reasons on the Peiros of Nichsei mi'Lug (which a man is only entitled to use after the marriage). According to ...

1. ... Beis Shamai, that is a reason to forbid Miy'un after marriage - because we are afraid that her husband, anticipating Miy'un, will take advantage of his current situation and quickly eat up all her Peiros.
2. ... Beis Hillel, that is all the more reason to permit it - because he will now look after the Peiros carefully in to curry favor with her, to ensure that she does not make Miy'un.
(a) According to Rava, Beis Shamai's reason for prohibiting a married girl to perform Miy'un, is because of the principle 'Ein Adam Tore'ach bi'Se'udah u'Mafsidah' - meaning that men will be afraid to marry her, in case she makes Miy'un, and all his expenses for the Se'udah will turn out to have been wasted.

(b) Beis Hillel counters - that in spite of that, both the man and the girl are willing to take the risk, as long as they are labeled 'married'.

(a) Rebbi Oshaya explains that, when Beis Hillel permit Miy'un, even on the Yavam, they mean to remove the Ma'amar, but not the Zikah - meaning that she will not need a Get for her Ma'amar, but that she will still require Chalitzah.

(b) According to Rav Chisda, this is because Ma'amar is done with the Yevamah's consent, whereas the Zikah, which comes against her will, she does not have the power to remove. We refute Rav Chisda's explanation however - on the grounds that she is permitted to make Miy'un with her Yavam (as Beis Hillel taught in our Mishnah), even though the Bi'ah of the Yavam too, can be done against her will.

(c) So we conclude that she can make Miy'un to remove the Bi'ah of the Yavam and his Ma'amar, because they are both performed by the Yavam - but not to remove the Zikah, which is placed on her by the Torah.




(a) Ula disagrees with Rebbi Oshaya. He permits the Yevamah to make Miy'un even to remove the Zikah - based on the fact that what she is really doing is removing the marriage of her first husband.

(b) We learned a Beraisa on Daf 2b. (with regard to Tzaras ha'Bas) 'Kol she'Yecholah le'Ma'ein ve'Lo Mi'anah, Tzarasah Choletzes ve'Lo Misyabemes'. The reason that she cannot perform Yibum now, according to Ula, is - because once she falls to Yibum, the Rabbanan forbade it, due to the fact that it looks as if she is the Tzarah of the Yavam's daughter (like Rami bar Yechezkel says with regard to his daughter-in-law falling to him for Yibum).

(a) According to Rav, if the Yevamah made Miy'un with one of the Yevamin, she is forbidden to all of them - much in the same way as a Yavam who gives the Yevamah a Get forbids her on all the brothers.

(b) Shmuel says that she is only forbidden to the brother with whom she made Miy'un - because (unlike by Get, where it is the *Yavam* who forbids her by his action), by Miy'un, it is *she* who perform the Miy'un, and she has only rejected *him*, not the other brothers.

(c) Rav Asi is the most lenient of all. According to him - she is also permitted to the brother with whom she made Miy'un.

(d) We try to establish Rav Asi like Rebbi Oshaya, in whose opinion the Yevamah only removes the Ma'amar (but not the Zikah), in which case, the Zikah remains, and she is still permitted to him. But we finally establish him even according to Ula - because he may well hold like Ula when there is only one Yavam; whereas here, where there are a number of Yevamin, he will agree with Rebbi Oshaya, that the Miy'un cannot remove half the Zikah, and must therefore remove the Ma'amar.

(a) Ravin quoting Rebbi Yochanan rules that if the Yevamah made Miy'un with one of the Yevamin, she is permitted to the brothers. But they did not agree with him, he adds. Abaye explains that 'they' refers to Rav, who holds that she is forbidden to the brothers. When Rava says that it refers to Rebbi Oshaya - he means that, even if 'to the brothers' includes the brother with whom she performed Miy'un, Rebbi Yochanan only permitted her even to him because there are other brothers (and Miy'un cannot remove half the Zikah, as we just explained according to Rav Asi - with whom this opinion concurs). But if he had been the only brother, her Miy'un would have removed the Zikah and she would have been forbidden to him, not like Rebbi Oshaya, in whose opinion the Miy'un *never* removes the Zikah (only the Ma'amar).

(b) And when Amri Lah say that it refers to Rav Asi - they mean that Rebbi Yochanan permits her only to the other brothers, but not to the one with whom she made Miy'un (like Shmuel). And if Rav Asi does not agree with him, then how much more so Rebbi Oshaya!

(a) According to Beis Shamai, who require Miy'un in the presence of the husband, the Chachamim permitted the wife of Pishon the camel-driver's wife, even though her Miy'un was performed in his absence - because he exploited his marriage to her, by using up her Nechsei mi'Lug.

(b) If he was using her Nechsei mi'Lug, it means that they were married. Nevertheless (despite the fact that Beis Shamai restrict Miy'un to an Arusah) - they incorporated this in his penalty (permitting Miy'un where it would otherwise have been forbidden for two reasons).

(c) Beis Hillel do not require Miy'un to be performed in front of Beis-Din. Abaye nevertheless establishes the Mishnah in Nos'in al ha'Anusah, which requires *three* for Miy'un, even like Beis Hillel - because, even though they do not require Miy'un in front of a Beis-Din, they do require Miy'un in front of three (as they explicitly state in a Beraisa).

(d) The Halachah however, is not like Beis Hillel - but like that pair (Rebbi Yossi bar Yehudah and Rebbi Elazar b'Rebbi Yossi), as Rav Yosef bar Minyumi Amar Rav rules.

(a) Beis Shamai (in our Mishnah) say that, after making Miy'un, the girl must wait until she grows-up before making Miy'un and remarrying. Shmuel explains this to mean that she must explicitly state that she still abides by the Miy'un that she made previously, before remarrying.
Ula explains the second Miy'un - to mean that she has the option of either making Miy'un and marrying immediately (in which case she can no longer make Miy'un), or of waiting after the Miy'un until she grows-up and then becoming betrothed (what she cannot do is to become betrothed without marrying straight after the Miy'un).

(b) We prove Ula right - because, according to Shmuel, Beis Shamai should have said 'ad she'Tagdil ve'Tomar' rather than 'ad she'Tagdil u'Tema'en'.

(a) A Ketanah may make Miy'un if she was married off by her brothers and her mother. Their Kidushin is not valid however, and even Miy'un is not necessary - if it was initiated without her consent.

(b) A Ketanah who is unable to look after her Kidushin - does not require Miy'un, according to Rebbi Chanina ben Antignos.

(c) According to Rebbi Eliezer, the deeds of a Ketanah are invalid - because he compares her to a Mefutah (a woman who has been seduced).

(d) The ramifications of this statement (with regard to Kidushin) are -that, if she is a bas Yisrael to a Kohen, she is forbidden to eat Terumah, and if she is a bas Kohen to a Yisrael, she may continue to eat Terumah.

(a) Initially, they used to write in the Get Miy'un all the repetitive phrases that the girl uses whilst making Miy'un ('Lo Ra'ina Bei, ve'Lo Tzavina Bei, ve'Leis Ana Ba'is le'Hisnasva Bei'). Rav Yehudah or the Tana changed this custom - because of the fear that an unlearned scribe might mistakenly insert this Lashon into a Get.

(b) Instead - they instituted 'be'Yom P'loni, Mi'anah P'lonis bas P'lonis be'Anpana'.

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