1)

WHAT CONSTITUTES MI'UN?

(a)

(Beraisa): Mi'un is when she says 'I do not want my husband. I do not want the Kidushin that my mother and brothers made for me';

(b)

R. Yehudah says even further. Even if she is sitting in the carriage going from her father's house to her husband's house for Chupah, and she said 'I do not want my husband', this is Mi'un.

(c)

R. Yehudah says even further. Even if she is serving guests who are sitting in her husband's house, and she told them 'I do not want my husband', this is Mi'un.

(d)

R. Yosi bar Yehudah said even further. Even if her husband sent her to the grocer to bring an item, and she said 'I do not want my husband', this is the ultimate Mi'un.

(e)

(Mishnah - R. Chanina ben Antigonus): Any girl (who cannot guard her Kidushin need not do Mi'un).

(f)

(Rav Yehudah): The Halachah follows R. Chanina.

(g)

(Beraisa - R. Yehudah ben Beseirah): If a girl did not do Mi'un, but had Nisu'in (with another man), this is her Mi'un.

(h)

Question: If she became Mekudeshes (to another man), is this Mi'un?

(i)

Answer (Beraisa - R. Yehudah ben Beseirah): If a girl became Mekudeshes (to another man), this is her Mi'un.

(j)

Questions: Do Chachamim argue with R. Yehudah ben Beseirah?

1.

If they argue, do they argue only about Kidushin, or even about Nisu'in?

2.

If they argue even about Nisu'in, does the Halachah follow R. Yehudah?

3.

If the Halachah follows R. Yehudah, is this only regarding Nisu'in, or even regarding Kidushin?

(k)

Answer: Rav Yehudah said that the Halachah follows R. Yehudah ben Beseirah (in both cases).

1.

This implies that Chachamim argue.

(l)

Question: Is this Mi'un to uproot even Nisu'in, or only to uproot Kidushin?

(m)

Answer: A case occurred, and Avdan's daughters-in-law rebelled. Rebbi sent two Chachamim to check them;

1.

Women told the girls 'look, your husbands are coming.'

2.

The girls: They (our husbands) should be your husbands!

3.

Rebbi: This is the ultimate Mi'un.

4.

Suggestion: This was from Nisu'in (and implicit Mi'un sufficed)!

(n)

Rejection: No, this was from Eirusin.

(o)

The Halachah follows R. Yehudah ben Beseirah, even from Nisu'in.

2)

THE RABBINIC MARRIAGE OF A MINOR

(a)

(Mishnah - R. Elazar): (The actions of a minor have no effect...)

(b)

(Rav Yehudah): We do not find a Chacham as consistent about a minor as R. Eliezer;

1.

He considers her like one who strolls with her husband in the courtyard, gets up from his lap, immerses and eats Terumah after nightfall (if she is a Bas Kohen, even if her husband is a Yisrael).

(c)

(Beraisa - R. Eliezer): The action of a minor has no effect. Her husband does not receive her Metzi'os (Hefker objects that she finds) or earnings. He cannot annul her vows. He does not inherit her. He cannot become Tamei to engage in her burial (if he is a Kohen). The rule is, she is not as his wife in any respect, except that she must do Mi'un (to marry someone else);

(d)

R. Yehoshua says, her husband receives her Metzi'os and earnings. He can annul her vows. He inherits her. He becomes Tamei to engage in her burial. The rule is, she is like his wife in every respect, except that she can leave through Mi'un;

(e)

Rebbi: R. Eliezer's opinion is preferable to R. Yehoshua's, since R. Eliezer is consistent, and R. Yehoshua is inconsistent.

(f)

Question: In what way is R. Yehoshua inconsistent?

(g)

Answer: If she is his wife, she should require a Get.

(h)

Question: According to R. Eliezer, if she is not his wife she should not need even Mi'un!

(i)

Answer: Should she go out with nothing?!

(j)

(Mishnah - R. Eliezer ben Yakov): (If the husband is the hindrance...)

(k)

Question: When is the hindrance due to the husband, and when not?

(l)

Answer #1 (Rav Yehudah): If other men asked her to marry them, and she refused because she is already married, the husband is the hindrance;

1.

If she refused because they are not fitting for her, he is not the hindrance.

(m)

Answer #2 (Abaye bar Avin): If he gave her a Get, this is a hindrance due to the husband, and he is forbidden to her relatives, and she is forbidden to his, and she is disqualified from Kehunah;

1.

If she did Mi'un, this is a hindrance not due to him. Each is permitted to the other's relatives, and she is not disqualified from Kehunah.

(n)

Objection (the coming Mishnah): If she did Mi'un, each is permitted to the other's relatives, and she is not disqualified from Kehunah;

1.

If he gave her a Get, each is forbidden to the other's relatives, and she is disqualified from Kehunah. (According to Abaye, this was already taught!)

(o)

Answer: The next Mishnah elucidates what our Mishnah alludes to.

3)

MI'UN AND A GET FROM THE SAME MAN

(a)

(Mishnah): If a girl does Mi'un to her husband, he is permitted to her relatives, she is permitted to his relatives, and she is not disqualified from Kehunah;

(b)

If he gave her a Get, each is forbidden to the other's relatives, and she is disqualified from Kehunah.

(c)

If he gave her a Get and remarried her, and she did Mi'un, married someone else, and was widowed or divorced, she may return to her first husband;

(d)

If she did Mi'un and he remarried her and divorced her, and she married someone else, and was widowed or divorced, she may not return to her first husband.

108b----------------------------------------108b

(e)

The rule is, if the Get followed the Mi'un, she may not return to her first husband. If the Mi'un followed the Get, she may return.

(f)

A girl did Mi'un, married someone else, and was divorced. She married someone else and did Mi'un. She married another man, and was divorced. The rule is, she may not return to one who divorced her, but she may return to one she did Mi'un to.

(g)

(Gemara): The Reisha shows that that Mi'un nullifies the effects of a Get.

(h)

Contradiction (Seifa): If a girl did Mi'un, she married someone else and was divorced... the rule is, she may return to one she did Mi'un to, but not to one who divorced her.

1.

This shows that Mi'un to a man does not nullify another man's Get!

(i)

Answer #1 (Rav Yehudah): We must say that different Tana'im taught the Reisha and the Seifa.

(j)

Answer #2 (Rava): We need not say this! Mi'un to a man nullifies his Get, but not another man's Get!

(k)

Question: Why should we distinguish?

(l)

Answer: Since she recognizes the gestures and winking of a man who divorced her, if he would be permitted to remarry her, he will cause her to do Mi'un to her new husband to remarry him.

(m)

Question: For the same reason, we should say that Mi'un to a man does not nullify his Get!

(n)

Answer: She chose to leave him, so we are not concerned lest she heed his gestures.

4)

DOES MI'UN TO A MAN NULLIFY ANOTHER MAN'S GET?

(a)

Question: There is a contradiction about when she left the same man!

1.

(Mishnah): If she did Mi'un and he remarried her and divorced her, and she married someone else, and was widowed or divorced, she may not return to her first husband.

i.

Inference: Had she left the second husband through Mi'un, she could return to hr first husband.

ii.

This shows that Mi'un to a man nullifies another man's Get.

2.

Contradiction (Seifa): A girl did Mi'un, married someone else, and was divorced. She married someone else and did Mi'un. She married another man, and was divorced. The rule is, she may not return to one who divorced her, but she may return to one she did Mi'un to.

(b)

Answer #1 (R. Elazar): Different Tana'im taught the Reisha and the Seifa.

(c)

Answer #2 (Ula): The case is, she was divorced three times. This makes her look like an adult, so we do not allow Mi'un to nullify a Get.

(d)

Question: Who are the Tana'im [of the Reisha and Seifa our Mishnah, according to R. Elazar]?

(e)

Answer: We learn from the following episode. (Rav is considered a Tana. He holds that Mi'un does not annul another man's Get, and R. Yishmael b'Rebbi Yosi holds that it does):

1.

(Rav): "We bought our water for money, our water comes for a price" - the following question arose at a time of danger (when the kingdom forbade learning Torah).

2.

Question: If a man divorced a girl, and she married a man and did Mi'un, may she return to her first husband?

3.

Answer: A man was hired for 400 Zuz to ask this of R. Akiva in jail. He said that she is forbidden. R. Yehudah ben Beseirah said the same.

4.

R. Yishmael b'Rebbi Yosi: They did not need to ask this. We permit (Eshes Ish, which when it is mid'Oraisa is) Chayavei Kerisos through Mi'un, all the more so we permit Chayavei Lavin (Machazir Gerushaso)! Rather, they asked the following;

5.

Question: Leah was married to Reuven's mother's brother, which makes her a Sheniyah to Reuven. After her husband died, she married Levi, Reuven's paternal brother, and Levi died. May Leah do Mi'un to uproot her first marriage, to permit Yibum? I.e., may she do Mi'un after her husband died to permit Yibum?

6.

Two men were hired for 400 Zuz to ask R. Akiva and R. Yehudah ben Beseirah. Both forbade.

(f)

Version #1 (R. Yitzchak bar Ashi'an): Rav (who forbids a girl who did Mi'un to remarry a prior ex-husband who divorced her) agrees that she is permitted to her ex-husband's brother.

(g)

Question: This is obvious! The only concern was that she recognizes his winking. This does not apply to his brother!

(h)

Answer: One might have thought that we decree to forbid the brother due to her ex-husband (lest she come to marry him). R. Yitzchak teaches that this is not so.

(i)

Version #2 (R. Yitzchak bar Ashi'an): Just like she may not remarry her ex-husband, she is forbidden to her ex-husband's brother.

(j)

Question: Why is she forbidden? She does not recognize his gestures!

(k)

Answer: We decree to forbid the brother due to her ex-husband.

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