I've seen that a number of the mefarshim (Noda bYehuda and perhaps Reb Akiva Eigar) learn from Rashi that gittin need to be done in beis din because Rashi here says that Miyun needs three because it's k'ain d'oraisoh, and they understand that that means that it's similar to gittin which need three. To me, the most simple understanding of the Rashi is that Miyun is similar to gittin just regarding the very fact that it needs a gittin like procedure (miyun) to end the midrabanan marriage of a katana, meaning that we treat it like a real marriage (K'ain D'oraisoh), and it requires miyun in place of a get, but not that the number needed for miyun is at all coming from gittin. Accordingly there would be no indication from Rashi that gittin need to be given in beis din. Am I totally off in my reading of the Rashi?
noach goldberger, Minneapolis MN USA
Rashi is explaining the Mishnah which tells us how many Dayanim one needs for different processes. When Rashi writes that Miyun needs 3 like a Deoraisa that suggests that he is talking about the number needed for it, since that is the issue in the Mishnah:- how many do you need?
KOL TUV
Dovid Bloom
Follow-up reply:-
It is worth adding that Maharam Shif here disagrees with Noda b'Yehuda and R. Akiva Eiger. He says that a Get does not require a Beis Din.
[He does not mention this, but there is a strong source for Maharam Shif from Gemara Bava Basra 174b where Abaye asked a rhetorical question:- "does everyone who divorces his wife, divorce her in a Beis Din?!" from which it seems that it is obvious to Abaye that a Get does not have to be given in a Beis Din of 3].
According to Maharam Shif, Rashi is comparing Miyun to Chalitzah, not to Get. This fits in well with the words of the Mishnah, where Chalitzah and Miyun are mentioned as requiring 3, but Get is not mentioned.
But Maharam Shif agrees that "K'ain D'Oraisah Tikun" is referring to the number of Dayanim reqiuired. In the same way that Chalitzah; which is mentioned in the Torah; requires 3, so too Miyun; which is Derabanan; requires 3.
Yasher Koach
Dovid Bloom