Kvod haRav
On the quote ve Hu chelo bagra the rambam brings that a girl who is still a ketana may not accept kidushin for she does not have the ability to act as her fathers agent.
What about the ketana that was divorced while ketana and now she is a yetoma be chaye aviha. She left her fathers reshut and could accept new kidushin.
Let me know please.
Thank you
Salomon Amar DDS, PhD.
Rashi (Kidushin, end of 44b, DH Ma'aseh) writes that since the father did "Nesu'in" for her and then she was divorced, if afterwards she received Kidushin for herself, this Kidushin is effective. However, Rashi adds that this is only Kidushin mid'Rabanan because mid'Oraisa "Ein Ma'aseh Ketanah Klum" -- there is no validity to the action of a minor, but the Chachamim instituted a Kidushin for a Ketanah who has no father to protect her so that she should not be treated as Hefker.
Kol Tuv,
Dovid Bloom