ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf 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
(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'.
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.
(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
(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 ... '.
(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
(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
(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.
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
(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