Consequence: If she is a Kohen's wife, she is forbidden, but not if she is a Yisrael's wife, for enticement of a minor is Ones.

Question: Why must we find a Nafka Minah (practical difference) that someone else had Bi'ah with her regarding Zenus?

We should say simply that since he had Bi'ah within three years and found blood, if [the Besulim] are not removed [until her first Bi'ah after three], it is Dam Nidah, like it says below!

Answer #1: He prefers to find [a Nafka Minah] regarding Zenus, for it forbids her permanently to her husband.

Answer #2: Nowadays there is no difference whether it is Dam Nidah or Dam Besulim, for even if it is Dam Besulim, it was enacted that he has Bi'as Mitzvah (the first after Chupah) and separates [as if the blood were Dam Nidah].

Explanation #1: This refers to [the blood from Bi'ah] within three [years]. All agree that [the blood from Bi'ah] after three is Dam Besulim.

Question: Why does it mention at all that he had Bi'ah after [she was] three, since there is no Nafka Minah?

Answer (R. Tam): Because it mentioned it above, it mentioned it also here [for parallel structure].

Explanation #2: However, we can explain that even blood after three, perhaps it is Dam Nidah, if we say that [the Besulim] are not removed;

1. Since she saw within three, surely it was Dam Nidah. If so, she normally sees due to desire for Bi'ah. If so, also after three there is a Safek if it is Dam Nidah.

Explanation #3: In one Teshuvah, Rashi explained that "they are not removed" means that it is not common that they are removed, but if they are removed, they do not return;

[The Gemara initially] said that the Nafka Minah is when he had Bi'ah within three and found blood, and after three he did not find. If they are not removed [from the Bi'ah within three], someone else had Bi'ah with her;

[She is forbidden to Kehunah because] there is only one Safek. If the blood within three was Dam Besulim, she is permitted. If it was Dam Nidah, she is a Zonah.

We retracted and said that he found blood within three, and after three. There is a Safek about both of them, perhaps it is Dam Nidah;

If the blood within three was Dam Besulim, what is after three is Dam Nidah, for they do not return;

If the blood within three was Dam Nidah, what is after three is Dam Besulim.

Question: According to this, why don't we find [a Nafka Minah] regarding Zenus? If he found blood within three and did not have Bi'ah again until 12 years, and did not find blood, if [Besulim] go away and return, someone else had Bi'ah with her;

Even though it is a Safek whether he had Bi'ah with her when she was a minor, or after adulthood, since it is a single Safek, she is forbidden even to her Yisrael husband;

If the Besulim are removed, she is permitted to her Yisrael husband, for I can say that the blood within three is Dam Besulim, and even if it is Dam Nidah, I can say that someone had Bi'ah with her when she was a minor, so it was [considered] Ones!

Answer: It is not common that one delays having Bi'ah with his wife [nine years] until she is 12 years old. (Therefore, this Nafka Minah is almost not applicable.)

Question: Below, a Beraisa says "these are Rebbi's words", on our Mishnah that taught "12 years and one day, her vow is a vow"!

Note: Tosfos' text, Rebbi said that a girl can get pregnant from 13 years and a day. Tosfos assumes that from adulthood, she can become pregnant with a viable baby. Bava Kama 109b connotes that from adulthood, a man can father a child, and correspondingly for females. Even though earlier generations sometimes had children before nine years (Kalev and Achitofel were only 26 when their great grandchildren Betzalel and Shlomo were born - Sanhedrin 69b), this was not common (Shitah Mekubetzes there, citing the Rosh. His other answer - that great Simanim, e.g. an abundance of hair, can bring adulthood at earlier ages - does not help for Tosfos.)

Answer #1: Some texts say [here] "12 years and one day."

Answer #2: If the text says [here] "13 years" without "one day", this is fine. It means that she becomes pregnant and gives birth [in her 13th year]. The 13th year need not be complete.

Explanation: She had Bi'ah with someone forbidden to her.

Question: Why must we say that "[less than] 11", to teach that even if she is sharp, we do not check her? This is [what we learn from] "before the time"!

Answer: The Mishnah teaches "this, and even this." Not only when they did not say (that they know to Whom they vowed), rather, even if they said, it does not help.

Pesak: It seems that the Halachah follows Rebbi, for below in our Perek it says "the entire 12th year she may do Mi'un. From here and onwards, she may not do Mi'un."

Support #1: In Kesuvos (51a), it says that the Halachah follows Rebbi against R. Shimon ben Elazar, except for the matter there.

Support #2: Also in Bava Basra (124b), we rule like Rebbi against his colleague.

Explanation: Even if he has no Rav, [a boy] normally goes out more and grows wise more [than a girl of the same age].

Explanation: [If it is regarding Nedarim,] and when he did not bring two hairs, and even so, his vow is a vow, if he knows to Whom he vowed;

Since he is [within] a year before adulthood, presumably he will bring two hairs, like Rava says below, there is a Chazakah that [a girl] brought two hairs [and the same applies to a boy].

Explanation: The case is, he brought two hairs in the time. Is he considered an adult regarding Chalitzah, Kidushin, and Nedarim, [to be obligated] to fulfill his vow even if he does not know to Whom he vowed, since he brought two hairs?

We ask whether or not it is Shuma.