REVACH L'DAF
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SUMMARY
When a Yevamah does Mi'un to one of the brothers, both she and the Tzaros are forbidden to do Yibum with that brother. (1)
A Yevamah who does Mi'un to one of the brothers is permitted to do Yibum with any of the other brothers.
It is forbidden for a father to do Yibum with the Tzarah of his daughter who did Mi'un to him when he was her Yavam.
If an Ervah does Mi'un to her husband before he dies, the Tzaros become permitted, because the Mi'un negates the marriage. If, however, the Ervah does Mi'un to the Yavam, the Tzaros are forbidden to the Yavam. (2)
If a girl does Mi'un to her husband, she may subsequently marry her former father-in-law, but if she did Mi'un to her Yavam, she is forbidden to her former father-in-law.
Rav Asi derives from a verse that the Tzaros of an Ailonis are forbidden to the Yavam.
If one of the brothers does Ma'amar (Kidushin) with the Yevamah and subsequently dies, the Yevamah is prohibited to the other brothers. (3)
Rav Asi: If the brother was aware that his wife was an Ailonis, the Tzaros are exempt from Yibum and Chalitzah. If he was not aware, the marriage was a Mekach Ta'us (marriage under mistaken pretenses), and thus the Tzaros are permitted to the Yavam.
Rava: The Tzarah of an Ervah who was found to be an Ailonis is permitted, even if the husband was aware that she was an Ailonis.
Rebbi Meir: Three types of women may use a Moch as a means of birth control because of the danger that pregnancy would pose to their lives. Chachamim: They may not use a Moch, because "Hashem watches over fools" and will protect them from harm. (4)
Bearing a child is the same sign, or possibly even a better sign, of reaching adulthood than the sign of two hairs for a girl who has turned twelve. (5)
A BIT MORE
1. The Tzaros are forbidden because of a Gezeirah, lest one come to do Yibum with the Tzarah of a daughter who does Mi'un to her father, the Yavam.
2. When the Ervah did Mi'un to the Yavam, her Tzarah is forbidden to the Yavam even though the Mi'un negates her original marriage. The reason is that at the time of her husband's death, she appeared like a regular Ervah.
3. When a brother does Ma'amar and subsequently dies. it is as if the Yevamah is falling to the brothers from two sources -- her original husband and the Yavam. The Rabanan derive from an Asmachta that a Yevamah who falls from two sources is forbidden.
4. The three women are a minor, a pregnant woman, and a nursing woman. A minor between the ages of 11 and 12 is permitted to use a Moch because of the danger of pregnancy for a young girl. A pregnant woman is permitted because of the potential danger of pregnancy to the existing fetus. A nursing woman is permitted because pregnancy may result in the discontinuing of her nursing.
5. The significance of a sign better than two hairs is according to Rebbi Yehudah, who maintains that two hairs is not enough; she needs many hairs to be considered a Gedolah. Nevertheless, Rebbi Yehudah agrees that bearing a child is a sign of a Gedolah.
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BRIEF INSIGHT
A CHILD WHO GIVES BIRTH
The Gemara says that bearing a child is an equally valid, or possibly better, sign than two hairs that a girl has reached adulthood. Tosfos says that as soon as she becomes pregnant she becomes a Gedolah, even if she is not yet twelve years old. However, the Rambam says that she does not become a Gedolah unless she gives birth after she has already turned twelve. The Magid Mishneh asks that if a girl under twelve who gives birth is still a Ketanah, then the possibility still exists of a mother-in-law who does Mi'un. The Magid Mishneh answers that the Rambam maintains that once she gives birth she cannot do Mi'un even though she is still a Ketanah.
QUICK HALACHAH
THE AGE OF MI'UN
Until when may a girl do Mi'un? She may do Mi'un until she has two hairs after the age of twelve, or until she gives birth. Once she is pregnant, she is regarded as a Gedolah. (Shulchan Aruch EH 155:12)
Even if she gives birth before the age of twelve, she becomes a Gedolah according to the Rif, Tosfos, and the Rosh. (Beis Shmuel)
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