ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
Rosh Kollel: Rabbi Mordecai Kornfeld
(a) If the father of a Ketanah is no longer alive, the Rabbanan authorized her mother and brothers to marry her off. 'Miy'un' is - the right that they invested walk out of the marriage without a divorce.
(b) According to Beis Shamai, only an Arusah (who is only betrothed) can perform Miy'un (See Tos. Yom-Tov). Beis Hillel say - she may perform Miy'un even if she is married.
(c) Beis Hillel permit even a Yevamah Ketanah to perform Miy'un. According to Beis Shamai - only with her husband, but not with the Yavam.
(d) The case according to Beis Hillel is - where her husband dies and she then performs Miy'un with the Yavam.
(a) Beis Shamai forbid performing Miy'un not in ...
1. ... the presence of the husband or not in ...
2. ... front of Beis-Din; Beis Hillel permit it.
(b) Beis Hillel permit a Ketanah to perform Miy'un, even four or five times. According to Beis Shamai she either must either argue - that once she has performed Miy'un, she must either wait until she grows-up before becoming betrothed, or get married immediately (See Meleches Sh'lomoh) ...
(c) ... because 'the daughters of Yisrael are not Hefke!'
(a) The girl who is performing Miy'un must say 'I cannot live with my husband 'P'loni' or similar words (See Tos. Yom-Tov).
(b) According to ...
1. ... the Tana Kama, a Ketanah who is married off (See Tos. Yom-Tov) by her mother or brothers (See Tos. Yom-Tov) does not even require Miy'un - if they did so without her consent.
2. ... Rebbi Chanina ben Antignos, she does not require Miy'un as long as she is incapable of looking after her Kidushin.
(c) Rebbi Eliezer is the most radical of all. When he says that every Ketanah is like a Mefutah - he means that it is as if she is not married (See Tos. Yom-Tov).
(d) Consequently, if she is ...
1. ... a bas Yisrael who married a Kohen - she remains forbidden to eat T'rumah.
2. ... a bas Kohen who is married to a Yisrael - she remains permitted to eat T'rumah.
(a) The Halachah is not like Rebbi Eliezer, but like - Rebbi Chanina ben Antignos.
(b) We assume that a Ketanah is incapable of looking after her Kidushin (and does not therefore require Miy'un up to the age of - six ...
(c) ... and we assume that she is - from the age of ten ...
(d) ... if she is a particularly foolish girl (See Tos. Yom-Tov).
(e) Between the ages of six and ten - she needs to be examined as to whether she is capable of looking after her Kidushin or not.
(a) A Ketanah is permitted to perform Miy'un up to the age of - twelve ...
(b) ... provided she has not grown two pubic hairs.
(c) She is forbidden to perform Miy'un, even if she has not grown two pubic hairs however - once they have consummated her marriage ...
(d) ... because we suspect that the hairs fell out, in which case her husband has acquired her fully.
(a) Rebbi Eliezer ben Ya'akov rules that if it is the man who 'stops the marriage' then they are considered as having been married, where if it is on account of the girl, then they are not.
(a) The Tana now rules that if it is ...
1. ... the girl who performs Miy'un (thereby stopping the marriage) - then they (are considered as not having been married and) are permitted to marry each others' relatives; whereas if it is ...
2. ... the man who gives the girl a Get - they (are considered as having been married and) are not permitted to marry each others' relatives.
(b) It the latter case - she is also forbidden to marry a Kohen.
(a) In a case where the man gives the current wife a Get, remarries her and she performs Miy'un; then, she remarries and her second husband divorces her or dies, the Mishnah - permits her to go back to her first husband ...
(b) ... since the Miy'un indicates that she is still a Ketanah and negates the Get.
(c) In the reverse case (where the girl performed Miy'un the first time and her husband divorced her the second time [before she married the second husband]) - she is forbidden to go back to him.
(a) The Mishnah now discusses a case where a girl, married off by her mother or brothers marries and performs Miy'un, marries again and gets divorced, marries and performs Miy'un, marries and gets divorced, marries and performs Miy'un. The Tana - forbids her to go back to all those who divorced her, but permits her to go back to all those with whom she performed Miy'un.
(b) We might have thought that she is permitted to return even to the former - because the Miy'un that she performed afterwards would negate the Get (See Tos. Yom-Tov).
(a) The Tana Kama permits a woman whose husband took her back after having divorced her to perform Yibum. We might have thought that it is forbidden - by assuming that it is the initial marriage that causes the obligation to perform Yibum, and the initial marriage ended in a divorce, rendering her forbidden to the Yavam due to the Isur of Eishes Ach.
(b) Rebbi Eliezer forbids it - due to a decree because of a Yesomah be'Chayei ha'Av (which we are about to didcuss).
(c) The Halachah is - like the Tana Kama.
(a) A 'Yesomah be'Chayei ha'Av' is - a Ketanah whose father married her off, and whose husband subsequently divorces her.
(b) She is called by that title - because she then leaves her father's domain (e.g. he is no longer permitted to marry her off, even though she is still a Ketanah).
(c) In the event that her husband dies - she is forbidden, (unanimously) to the Yavam ...
(d) ... seeing as her father has no more jurisdiction over her, and she has no 'Yad' to accept Kidushin herself even from her ex-husband, in which case, her Kidushin is not valid.
(e) The second Kidushin will be valid however - if her husband died after she became a Gedolah.
(a) In a case where two brothers are married to two Ketanos who are Yesomos be'Chayei ha'Av and one of them dies, the Mishnah rules - that his wife 'goes out because of Achos Ishah' and is therefore Patur from Yibum and Chalitzah, and the same applies ...
(b) ... if both sisters were not Ketanos but Chershos (deaf-mutes).
(a) In a case where one of the sisters is a Gedolah, and the other one, a Ketanah, in the event that the husband of the Gedolah dies, Rebbi Eliezer rules that one teaches the Ketanah - to perform Miy'un, to enable the Yavam to perform Yibum with the Yevamah.
(b) Raban Gamliel maintains - that if she chooses to perform Miy'un, that's fine; if not then one waits for her to grow up (, at which point, the Yevamah goes out because of Achos Ishah.
(c) The basis of their Machlokes is - whether the Zikah (d'Oraysa) of the Gedolah is strong enough to affect the marriage of the Ketanah (which is only de'Rabbanan) to forbid her on account of Achos Zekukaso (Rebbi Eliezer) or not (Raban Gamliel).
(d) According to Raban Gamliel, waiting until the Ketanah grows helps - in that, her marriage now changes its status from de'Rabbanan to d'Oraysa, in which case the Gedolah goes out on account of Achos Ishto.
(e) According to Rebbi Gamliel, the husband of the Ketanah cannot do Chalitzah with the Gedolah - since that would render the Ketanah forbidden to her husband, because of Achos Chalutzaso.
(a) Rebbi Yehoshu'a is the most stringent of them all. He says - 'Woe both to his wife (who goes out with a Get) and woe to his wife's sister (who requires Chalitzah).
(b) He disagrees with Rebbi Eliezer - because he maintains that one should keep as far as possible away from Miy'un (See Tos. Yom-Tov).
(c) The Halachah is - like Rebbi Eliezer.
(a) If a man is married to two Yesomos Ketanos, and who dies, the Mishnah rules - that the Yibum or Chalitzah of one them exempts the other.
(b) The Din of two Chershos ...
1. ... is the same as that of two Ketanos Yesomos - regarding Yibum ...
2. ... but different regarding Chalitzah, who is not subject to Chalitzah (See Tos. Yom-Tov).
(c) If one of his wives is a Yesomah Ketanah, and the other, a Chareshes - then the Yibum of the one will not exempt the other ...
(d) ... (despite the fact that both marriage are mi'de'Rabbanan) - since we do not know which of the two the Yavam prefers (See Tos. Yom-Tov), that it should exempt the other.
(a) If one of his wives is a Pikachas and the other, a Chareshes, or if one of them is a Gedolah and the other, a Ketanah - Yibum with the former(See Tos. Yom-Tov) will exempt the latter, but not vice-versa ...
(b) ... because Yibum with a woman whose marriage is complete exempts a woman whose marriage is not complete, but not the other way round.
(a) In a case where someone who is married to two Yesomos Ketanos dies, the Mishnah rules that, if the Yavam performs Yibum first with one of them and then with the other - the Yibum of the second one does not render the first one Pasul, and the same will apply ...
(b) ... if, after performing Yibum with one of them, another brother performs Yibum with the second one.
(c) The first Yevamah does not become Pasul - because Mah Nafshach, if the marriage of a Yesomah Ketanah is valid (See Tos. Yom-Tov), then the first Yibum is valid, and the second one, a Bi'as Z'nus; whereas if it is not, then the marriage to the first brother was not valid either, and there is no reason why she should be forbidden.
(d) The Yavam cannot, on the other hand, retain the second Yevamah - in case the Kidushin of the first one was valid ...
(e) ... in which case he would transgress the Isur of 'Bayis Echad he Boneh ve'Eino Boneh Sh'nei Batim' (as we learned in the fourth Perek).
(a) In the same case as the previous one, only where the first brother is not married to two Yesomos Ketanos, but to two Chershos - the Din is exactly the same.
(b) The basic difference between a marriage to a Yesomah Ketanah and a marriage to a Chareshes is - that whereas the former is a Safek as to whether she is legally married or not, the latter is definitely married, but only partially. This will explain the following rulings).
(a) In a case where the brother who died was married to a Ketanah and a Chareshes, the Tana rule, where, after the first brother performed Yibum with ...
1. ... the Ketanah, either he or his brother then performed Yibum with the Chareshes - this does not render the Ketanah forbidden.
2. ... the Chareshes, either he or his brother then performed Yibum with the Ketanah - the Chareshes becomes forbidden to the Yavam.
(b) The reason for ...
1. ... the latter ruling is - because, if, , the marriage of the Ketanah Yesomah is fully valid, it will override that of the Chareshes (which is only partially valid [as we explained]).
2. ... the former ruling - because Mah Nafshach ... (as we explained earlier in the Mishnah).
(c) The reason of those whose text in the Reisha too, reads 'Pasul' - is because the Chachamim decreed there on account of the Seifa.
(a) The Tana now discusses a case where the two wives are a Pikachas - (a regular, healthy woman) and a Chareshes.
(b) He rule that, if, after performing Yibum with ...
1. ... the Pikachas, the same brother or a different one performs Yibum with the Chareshes - the marriage to the Pikachas is unaffected, whereas vice-versa, after performing Yibum with ...
2. ... the Chareshes, Yibum subsequently performed on the Pikachas either by the same brother or a different one - will render the Chareshes forbidden to her husband (See Tos. Yom-Tov).
(a) In a case where the two women were a Gedolah and a Ketanah, and where, after performing Yibum with ...
1. ... the Gedolah, the same Yavam or one of his brothers performs Yibum with the Ketanah, the Tana Kama finally rules - that his marriage to the Gedolah remains unaffected, whereas in the reverse case, where he first performed Yibum with ...
2. ... the Ketanah, subsequently performing Yibum with the Gedolah - will forbid the Ketanah on her husband.
(b) Rebbi Elazar rules in the latter case - that we teach the Ketanah (See Tos. Yom-Tov) to perform Miy'un (See Tiferes Yisrael).
(c) Some commentaries have the text 'be'Chulan ... ' - to include the case in Mishnah 9, where the Yavam performed Yibum first with the Ketanah and then with the Chareshes (See Tos. Yom-Yov).
(d) The Halachah is - like Rebbi Elazar (Ibid.)
(a) The Mishnah rules that both a Yavam Katan ibum with a who performed Yibum w ith a Yevamah ...
1. ... Ketanah, and one who performed Yevamah ...
2. ... Gedolah - must wait until heis a Gadol - at which point he is permitted to divorce her.
(b) In the latter case, can he not divorce her earlier - because the Get of a Katan is not valid (See also Tos. Yom-Tov).
(c) Moreover, in the former case, she is not subject to divorce either - if she is too young to look after her Get (as we have already learned).
(a) In a case where, within thirty days after taking her into his house and giving her a Get, the Yevamah claims that the Yavam did not perform Yibum with her, and the Yavam counters that he has - she is believed, and we force him to make Chalitzah (See Tos. Yom-Tov & Tiferes Yisrael) ...
(b) ... because a man can live with a woman up to thirty days without intimacy.
(a) In the same scenario, but after thirty days - we ask him to perform Chalitzah, but we do not force him ...
(b) ... since, based on the principle that a man cannot live with a woman without being intimate with her for more than thirty days we then believe him.
(c) She is nevertheless not permitted to marry without Chalitzah based on the principle - 'Shavyah Anafshah Chatichah de'Isura' (she must abide by her own admission that she is still a Shomeres Yavam).
(a) We force the Yavam or ask him to do Chalitzah and not Yibum - because, since she has a Get, she is in any case forbidden to him.
(b) If the Yevamah says that the Yavam performed Yibum, and he denies having done so - we ignore his claim (See Tos. Yom-Tov) and she does not require Chalitzah.
(c) If, in the initial case, the Yavam admits that he has not yet performed Yibum with her - then even after twelve months have elapsed, we will force him to make Chalitzah.
(a) In a case where the Yevamah made a Neder not to have any Hana'ah from her brother-in-law, and her husband subsequently dies, assuming she made the Neder ...
1. ... during her husband's lifetime - we force him to do Chalitzah
2. ... after her husband's death - we ask him to do so, but do not force him.
(b) The reason ...
1. ... in the Reisha is - because it is unlikely to have entered her mind that she will one day fall to her brother-in-law for Yibum, in which case her Neder was made in innocence; whereas ...
2. ... in the Seifa - her Neder was an act of rebellion ...
(c) In the Reisha - he is obligated to give her her Kesubah, whereas in the Seifa, she only receives her Kesubah in the event that he chooses to make Chalitzah.
(d) We ...
1. ... force him to make Chalitzah even in the Seifa - if she is willing to forego the Kesubah.
2. ... merely request that he makes Chalitzah even in the Reisha - if it is clear that her intention even then was only to render herself forbidden to the Yavam.