1)

(a)Beis Shamai, in our Mishnah, permit only an Arusah to make Mi'un. They also restrict it to Mi'un with the husband, but not with the Yavam - and it must take place, according to them, both in the presence of her husband and in front of Beis-Din.

(b)According to Beis-Hillel - a girl may make Mi'un even after she is married, even with the Yavam, and if neither her husband is present nor is she in front of Beis-Din.

(c)Beis Hillel permit a Ketanah to make Mi'un any number of times, whereas according to Beis Shamai - the B'nos Yisrael are not Hefker; once she has made Mi'un, she waits until she grows-up, before making Mi'un (this will be explained later) and re-marrying.

2)

(a)Rav Yehudah Amar Shmuel ascribes Beis Shamai's reason for restricting Mi'un to an Arusah, to the principle 'Ein Tenai b'Nisu'in' (Marriage must be absolute, without any conditions). In other words - we are afraid that, if we were to permit a married woman girl to make Mi'un, people would ascribe her remarrying without a Get to a condition that was not kept, from which they would draw the conclusion 'Yesh Tenai b'Nisu'in'.

(b)'Ein Tenai b'Nisu'in' is not restricted to Bi'ah - it also extends to Chupah (even if the marriage has not yet been consummated).

(c)It certainly does not apply to a case where the father handed her over to the husband's Sheluchim (to take her to the Chupah), and the reason that Beis Shamai do not permit Mi'un at that stage is - due to the principle 'Lo P'lug' (in order not to differentiate between one kind of marriage and another).

(d)The text 'where the father handed her over to the husband's Sheluchim' cannot be literal - because if the girl's father was alive, she would be married min ha'Torah and Mi'un would not be permitted. What the statement therefore means is - 'when her brothers handed her over ... '.

3)

(a)Beis Hillel agree with the principle of 'Ein Tenai b'Nisu'in' - only they hold that everyone will know that the Ketanah left without a Get because her Kidushin was only mid'Rabanan, and that Mi'un was therefore effective.

4)

(a)Rabah and Rav Yosef ascribe Beis Shamai's reason to the principle 'Ein Adam Oseh Be'ilaso Be'ilas Zenus', meaning - that since Chazal instituted the marriage of a Ketanah, the Takanah would be self-defeating if she were able to make Mi'un, because not wishing their Bi'ah to be termed a Be'ilas Zenus, they would desist from marrying them in the first place.

(b)And the same will apply to Chupah - since they do not like their Chupah to be termed a Chupas Isur either.

(c)Beis Hillel argues - on the grounds that, since that, since there was Kidushin and a Kesubah, they will not consider this to be a Bi'as Zenus.

(d)According to Rav Papa, both Beis Shamai and Beis Hillel base their reasons on the Peiros of Nichsei Milug (which a man is only entitled to use after the marriage). According to ...

1. ... Beis Shamai, that is a reason to forbid Mi'un after marriage - because we are afraid that her husband, anticipating Mi'un, will take advantage of his current situation and quickly eat up all her Peiros.

2. ... Beis Hillel, that is all the more reason to permit it - because he will now look after the Peiros carefully in order to curry favor with her, to ensure that she does not make Mi'un.

5)

(a)According to Rava, Beis Shamai's reason for prohibiting a married girl to perform Mi'un, is because of the principle 'Ein Adam Tore'ach bi'Se'udah u'Mafsidah' - meaning that men will be afraid to marry her, in case she makes Mi'un, and all their expenses for the Se'udah will turn out to have been wasted.

(b)Beis Hillel counters - that in spite of that, both the man and the girl are willing to take the risk, as long as they are labeled 'married'.

6)

(a)Rebbi Oshaya explains that, when Beis Hillel permit Mi'un, even on the Yavam, they mean to remove the Ma'amar, but not the Zikah - meaning that she will not need a Get for her Ma'amar, but that she will still require Chalitzah.

(b)According to Rav Chisda, this is because Ma'amar is done with the Yevamah's consent, whereas the Zikah, which comes against her will, she does not have the power to remove. We refute Rav Chisda's explanation however - on the grounds that she is permitted to make Mi'un with her Yavam (as Beis Hillel taught in our Mishnah), even though the Bi'ah of the Yavam too, can be done against her will.

(c)So we conclude that she can make Mi'un to remove the Bi'ah of the Yavam and his Ma'amar, because they are both performed by the Yaam - but not to remove the Zikah, which is placed on her by the Torah.

7)

(a)Ula disagrees with Rebbi Oshaya. He permits the Yevamah to make Mi'un even to remove the Zikah - based on the fact that what she is really doing is removing the marriage of her first husband.

(b)We cited a Beraisa at the beginning of the Masechta (in connection with Tzaras ha'Bas) 'Kol she'Yecholah l'Ma'ein v'Lo Mi'anah, Tzarasah Choletzes v'Lo Misyabemes'. The reason that she cannot perform Yibum then, according to Ula, is - because once she falls to Yibum, the Rabanan forbade it, since it looks as if she is the Tzarah of the Yavam's daughter (like Rami bar Yechezkel says with regard to his daughter-in-law falling to him for Yibum).

8)

(a)According to Rav, if the Yevamah made Mi'un with one of the Yevamin, she is forbidden to all of them - just like a Get, which forbids the Yevamah on all the brothers.

(b)Shmuel says that she is only forbidden to the brother with whom she made Mi'un - because (unlike by Get, where it is the Yavam who forbids her by his action), by Mi'un, it is the Yevamah herself who perform the Mi'un, and she has only rejected him, not the other brothers.

(c)Rav Asi is the most lenient of all. According to him - she is even permitted to the brother with whom she made Mi'un.

(d)We initially contend that Rav Asi holds like Rebbi Oshaya, in whose opinion the Yevamah only removes the Ma'amar (but not the Zikah), in which case, the Zikah remains. We refute this contention however, and reconcile Rav Asi with Ula (who holds that Mi'un removes the Zikah too) - inasmuch as Ula is speaking when there is only one Yavam, but here, where there are a number of Yevamin, he will agree with Rebbi Oshaya, that the Mi'un cannot remove half the Zikah, only the Ma'amar.

9)

(a)Ravin quoting Rebbi Yochanan, rules that if the Yevamah made Mi'un with one of the Yevamin, she is permitted to the brothers, adding that they did not agree with him. Abaye explains that 'they' refers to Rav, who holds that she is forbidden to the brothers.

(b)When Rava says that it refers to Rebbi Oshaya, he means - that, even if 'to the brothers' includes the brother with whom she performed Mi'un, Rebbi Yochanan only permitted her even to him because there are other brothers (like Rav Asi, as we just explained). But if he had been the only brother, her Mi'un would have removed the Zikah and she would have been forbidden to him, not like Rebbi Oshaya, in whose opinion the Mi'un never removes the Zikah (only the Ma'amar).

(c)And when Amri Lah say that it refers to Rav Asi - they mean that Rebbi Yochanan permits her only to the other brothers, but not to the one with whom she made Mi'un (like Shmuel). And if Rav Asi does not agree with him, then how much more so Rebbi Oshaya!

10)

(a)According to Beis Shamai, who require Mi'un in the presence of the husband - the Chachamim permitted the Mi'un of Pishon the camel-driver's wife to marry again, even though her Mi'un was performed in his absence - by using their right to annul the marriage, because Pishon exploited the marriage by using up her Nichsei Milug.

(b)If he was using her Nichsei mi'Lug, it means that they were married. Nevertheless (despite the fact that Beis Shamai restrict Mi'un to an Arusah) - they incorporated this in his penalty (permitting her to get married, even though it would otherwise have been forbidden for two reasons).

(c)Beis Hillel do not require Mi'un to be performed in front of Beis-Din. Abaye nevertheless establishes the Mishnah in Nos'in al ha'Anusah, which requires three people for Mi'un, even like Beis Hillel - because, even though they do not require Mi'un in front of a Beis-Din, they do require Mi'un in front of three (as they explicitly state in a Beraisa).

(d)Rav Yosef bar Minyumi Amar Rav rules, neither like Beis Shamai nor like Beis Hillel, but like that pair - (Rebbi Yosi bar Yehudah and Rebbi Elazar b'Rebbi Yosi), who require only two people for Mi'un (see Tosfos DH 'Halachah').

11)

(a)According to Shmuel, when Beis Shamai (in our Mishnah) require a girl who performed Mi'un to wait until she grows-up before making Mi'un and remarrying, they mean that she must explicitly state that she still abides by her Mi'un before being allowed to remarry. Ula explains - that she has the option of either performing Mi'un and marrying immediately (in which case she cannot perform Mi'un again), or of waiting after the Mi'un until she grows-up and then becoming betrothed (what she cannot do is to become betrothed without marrying straight after the Mi'un).

(b)We prove Ula right - because, according to Shmuel, Beis Shamai should have said 'ad she'Tagdil v'Tomar' (rather than 'ad she'Tagdil u'Tema'en').

12)

(a)The Tana Kama of our Mishnah permits a Ketanah to perform Mi'un if she was married off by her brothers and her mother. Their Kidushin is not valid however, and even Mi'un is not necessary - if it was initiated without her consent.

(b)According to Rebbi Chanina ben Antignos - a Ketanah who is unable to look after her Kidushin does not require Mi'un.

(c)Rebbi Eliezer declares the deeds of a Ketanah invalid. He compares her - to a Mefutah (a woman who has been seduced).

(d)The ramifications of this statement (with regard to Kidushin) are - that, if she is a bas Yisrael to a Kohen, she is forbidden to eat Terumah, whereas if she is a bas Kohen to a Yisrael, she may continue to eat Terumah.

13)

(a)Initially, says Rav Yehudah Amar Rav, they used to write in the Get Mi'un all the synonymous phrases that the girl uses whilst making Mi'un ('Lo Ra'ina Bei, v'Lo Tzavina Bei v'Leis Ana Ba'is l'Hisnasva Bei'). They changed this custom however - for fear that an unlearned scribe might mistakenly insert this Lashon into a Get.

(b)And they replaced it with 'be'Yom P'loni, Mi'anah Plonis bas Plonis b'Anpana'.