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1) WHAT CONSTITUTES MI'UN?

(a) (Beraisa): What is Mi'un? 'I do not want my husband, I do not want the engagement which my mother and brothers did for me';
(b) R. Yehudah said even more than this - even if she is sitting in the carriage, going from her father's house to her husband's house for Chupah, and she said, I do not want my husband - this is Mi'un.
(c) R. Yehudah said even more than this - even if guests are sitting in her husband's house, and she is serving them, and she told them, I do not want my husband - this is Mi'un.
(d) R. Yosi Bar Yehudah said even more than this - even if her husband sent her to the grocer to bring an item, and she said, I do not want my husband - there is no greater Mi'un than this.
(e) (Mishnah): R. Chanina Ben Antigonus says, any girl ...
(f) (Rav Yehudah): The law is as R. Chanina Ben Antigonus.
(g) (Beraisa): A girl that did not do Mi'un, but got married (to a different man) - R. Yehudah Ben Beseirah said, her marriage is her Mi'un.
(h) Question: Do Chachamim argue on R. Yehudah Ben Beseirah?

1. If they argue - do they argue only by engagement, or even by Nisu'in?
2. If they argue even by Nisu'in - is the law as R. Yehudah Ben Beseirah?
3. If the law is as R. Yehudah Ben Beseirah - by Nisu'in, or even by engagement?

(i) Answer: Since Rav Yehudah said, the law is as R. Yehudah Ben Beseirah - it must be, Chachamim argue.
(j) Question: We can still ask, was she initially married, or only engaged?
(k) Answer: The daughters-in-law of Avdan rebelled. Rebbi sent 2 Chachamim to check them.

1. Women told them, see, your husbands are coming.
2. They answered, they should be your husbands!
3. Rebbi: There is no greater Mi'un than this.

i. Suggestion: They were married.
ii. Rejection: No, they were only engaged.

(l) The law is as R. Yehudah Ben Beseirah, even if she was initially married.

(a) (Mishnah): R. Eliezer says ...
(b) (Rav Yehudah): We do not find a Chacham that is as consistent regarding a minor as R. Eliezer.

1. He considers her as one who strolls with her husband in the courtyard, gets up from his lap, immerses and eats Terumah after nightfall.

(c) (Beraisa - R. Eliezer): The action of a minor has no effect. Her husband does not receive objects she finds, nor her earnings, he cannot annul her vows, he does not inherit her, he cannot become Tamei to engage in her burial - the rule is, she is not as his wife in any respect, except that she must do Mi'un (to marry someone else);
(d) R. Yehoshua says, her husband receives objects she finds, and her earnings, he can annul her vows, he inherits her, he can become Tamei to engage in her burial - the rule is, she is as his wife in every respect, except that she can leave by doing Mi'un;

1. Rebbi: R. Eliezer's opinion is preferable to R. Yehoshua's opinion, since R. Eliezer is consistent, and R. Yehoshua is inconsistent.

(e) Question: In what way is R. Yehoshua inconsistent?
(f) Answer: If she is his wife, she should require a Get.
(g) Question: Also according to R. Eliezer, if she is not his wife, she should not need even Mi'un!
(h) Answer: Should she go out with nothing?!
(i) (Mishnah): R. Eliezer Ben Yakov says ...
(j) Question: What is the case of a hindrance due to the husband, and not due to him?
(k) Answer #1 (Rav Yehudah): If other men asked her to marry them, and she refused, because she is already married - this is a hindrance due to the husband;

1. If she refused, because they are not fitting for her - this is a hindrance not due to the husband.

(l) Answer #2 (Abaye Bar Avin): If he gave her a Get - this is a hindrance due to the husband, he is forbidden to her relatives, she is forbidden to his relatives, and she is disqualified from Kehunah;

1. If she did Mi'un - this is a hindrance not due to the husband - he is permitted to her relatives, she is permitted to his relatives, and she is not disqualified from Kehunah.

(m) Objection: The next Mishnah teaches, if she did Mi'un, he is permitted to her relatives, she is permitted to his relatives, and she is not disqualified from Kehunah;

1. If he gave her a Get, he is forbidden to her relatives, she is forbidden to his relatives, and she is disqualified from Kehunah.

(n) Answer: The next Mishnah elucidates what was alluded to in this Mishnah.

(a) (Mishnah): If a girl does Mi'un to her husband - he is permitted to her relatives, she is permitted to his relatives, and she is not disqualified from Kehunah;
(b) If he gave her a Get, he is forbidden to her relatives, she is forbidden to his relatives, and she is disqualified from Kehunah.
(c) If he gave her a Get, and remarried her, and she did Mi'un, and married someone else, and was widowed or divorced - she may return to her first husband;
(d) If she did Mi'un and he remarried her, and divorced her, and she married someone else, and was widowed or divorced - she may not return to her first husband;

(e) This is the rule - if the Get followed the Mi'un, she may not return to her first husband; if the Mi'un followed the Get, she may return to him.
(f) A girl did Mi'un; she married someone else, and he divorced her; she married someone else, and did Mi'un; she married another man, and he divorced her - the rule is, any man she was divorced from, she may not return to him; if she left through Mi'un, she may return to him.
(g) (Gemara): We see (from the beginning of the Mishnah) that Mi'un nullifies the effects of a Get.
(h) Contradiction (end of Mishnah): A girl did Mi'un; she married someone else, and he divorced her; she married someone else, and did Mi'un; she married another man, and he divorced her - the rule is, any man she was divorced from, she may not return to him; if she left through Mi'un, she may return to him.

1. We see, Mi'un on a man does not nullify the Get of a different man!

(i) Answer #1 (Rav Yehudah): We must say, the Tana of the end of the Mishnah did not teach the beginning of the Mishnah.
(j) Answer #2 (Rava): We need not say this! Mi'un on a man nullifies a Get of that man, but not of a different man!

1. Question: Why should we distinguish?
2. Answer: Since she recognizes the gestures and winking of a man that divorced her, if we allow him to remarry her, he will get her to do Mi'un on her new husband to remarry him.
3. Question: For the same reason, we should say that Mi'un on a man does not nullify his Get!
4. Answer: She chose to leave him, we are not concerned that she will heed his gestures.

(a) We may ask a contradiction when she left the same man twice.

1. (Mishnah): If she did Mi'un and he remarried her, and divorced her, and she married someone else, and was widowed or divorced - she may not return to her first husband.

i. We infer, had she left the 2nd husband through Mi'un, she could return to hr 1st husband!
ii. Apparently, Mi'un on a man nullifies the Get of another man!

(b) Contradiction (end of Mishnah): A girl did Mi'un; she married someone else, and he divorced her; she married someone else, and did Mi'un - the rule is, any man she was divorced from, she may not return to him; if she left through Mi'un, she may return to him.
(c) Answer #1 (R. Elazar): Different Tana'im taught these 2 parts of the Mishnah.
(d) Answer #2 (Ula): The case is, she has been divorced 3 times - this makes her appear as an adult, and we do not allow Mi'un to nullify a Get.
(e) Question: Who are the Tana'im of our Mishnah (according to R. Elazar)?
(f) Answer: The 1st Tana of the coming Beraisa (holds that Mi'un does not annul a Get from another man), and R. Yishmael b'Rebbi Yosi (holds that it does).

1. (Rav Yehudah): "We bought our water for money, our water comes for a price" - the following question arose at a time of danger.
2. Question: A man divorced a girl, and she married a man and did Mi'un - may she return to her 1st husband?
3. A man was hired for 400 Zuz to ask this of R. Akiva in jail - he said, she is forbidden.

i. R. Yehudah Ben Beseirah also said, she is forbidden.

4. R. Yishmael b'Rebbi Yosi: This was not the question - if we permit Chaivei Krisus (Mi'un permits a married woman, which is normally Chaivei Krisus), all the more so we permit Chaivei Lavin (to remarry one's divorcee, after she married someone else).
5. This was the question: Leah was married to Reuven's mother's brother, which makes her a Sheniyah to Reuven; after her husband died, she married Levi, Reuven's paternal brother, and Levi died. May Leah do Mi'un to uproot her 1st marriage, to permit Yibum?

i. The question is - may Mi'un be done after death of the husband to permit Yibum?

6. 2 men were hired for 400 Zuz. They asked R. Akiva and R. Yehudah Ben Beseirah - both said, she may not.

(g) Version #1 (R. Yitzchak Bar Ashi'an): Rav (who says that a girl that does Mi'un may not remarry her ex-husband who divorced her) admits that she is permitted to her ex-husband's brother.

1. Question: This is obvious! The only concern was that she recognizes his winkings - this does not apply to his brother!
2. Answer: We might have thought to forbid the brother on account of the ex-husband - we hear, this is not so.

(h) Version #2 (R. Yitzchak Bar Ashi'an): Just as she may not remarry her ex-husband, she is forbidden to her ex-husband's brother.

1. Objection: But she does not recognize the gestures of his brother!
2. Answer: We forbid the brother on account of the ex-husband.

(i) (Mishnah): One who divorced his wife and remarried her, she may do Yibum when he dies; R. Elazar forbids this;