[107a - 39 lines; 107b - 49 lines]
PEREK #13 BEIS SHAMAI
1)[line 1]ממאניןMEMA'ANIN (MI'UN)
(a)The Torah gives a father the right to marry off his daughter at any age before she is twelve years old.
(b)If she was divorced or widowed or her father died without marrying her off, the Chachamim gave the girl's mother and/or oldest brother the right to marry her off. In these cases the marriage is only mid'Rabanan and she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage.
(c)According to the RAMBAM and the RA'AVAD, in the above circumstances, the Chachamim also gave her the right to get married by herself. This marriage is also mid'Rabanan. According to the Rambam, she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage. According to the Ra'avad, however, her Kidushin is valid even if she has enough sense to guard the object given to her for her Kidushin (and she realizes that it was given to her for Kidushin).
(d)In the instances of marriage mid'Rabanan, before she reaches Halachic puberty and becomes a Na'arah (through the growth of two pubic hairs), she has the option of annulling the marriage through a procedure known as Mi'un (refusal). She says before two witnesses, "I do not want him," and the marriage is annulled retroactively. There is no need for her to receive a Get (a bill of divorce). A girl who is married off by her father cannot annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)
2)[line 12]לפי שאין תנאי בנשואיןLEFI SHE'EIN TENAI B'NISU'IN- because a person cannot make his marriage dependent on keeping a stipulation (e.g. "you are Nesu'ah to me on the condition that you give me 100 Zuz")
3)[line 26]פיריPEIREI - Fruits of Nichsei Milug
A woman brings into her marriage two types of possessions, as follows:
1.Possessions that the wife owned before marriage, the values of which were estimated and written in the Kesuvah, to be returned to her in full upon divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron Flock Properties") because their value does not change between the time of marriage and the time of divorce or the husband's death.
2.Possessions that were not estimated and their values were not specified in the Kesuvah. Upon divorce or the husband's death, the property is returned as is, regardless of its appreciation or depreciation (or deterioration) over the years. These are referred to as Nichsei Milug ("Properties that are Plucked"), because for the duration of the marriage the husband may take ("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit of a field, or plowing with an ox). However, he may not "use up" the property itself (e.g. by digging trenches in the field or slaughtering the ox).
4)[line 28]שמיט ואכיל להו מינהSHAMIT V'ACHIL LEHU MINAH- he will take them away from her and consume them
5)[line 30]אשבוחי משבח להוASHBUCHEI MASHBACH LEHU- he will [try to] make them more valuable
6)[line 31]עייצי לה קרוביהAITZEI LAH KEROVEHA- her relative will give her advice
7)[line 31]ומפקי לה מיניהU'MAFKEI LAH MINEI- and they will cause her to leave him
8)[line 36]ממאנת למאמרו ואינה ממאנת לזיקתוMEMA'ENES L'MA'AMARO V'EINAH MEMA'ENES L'ZIKASO- a girl less than twelve years of age may refuse to undergo Yibum by exercising her right of Mi'un (refusal — see above, entry #1) in order to annul the Ma'amar (See Background to Yevamos 95:3) of the Yavam who has given her money or a Shtar to effect Ma'amar (the equivalent of Kidushin with respect to Yibum). However, she may not annul her original marriage (to the now-deceased brother) along with the Zikah to the surviving brother through exercising Mi'un on the Yavam; she or her Tzarah (co-wife) must undergo Chalitzah before she is free to marry whomever she chooses.
107b----------------------------------------107b
9)[line 18]לא רעינא בךLO RA'INA BACH- I do not want you
10)[line 18]ולא צבינא בךV'LO TZAVINA BACH- and I do not desire you
11)[line 27]פישון הגמלPISHON HA'GAMAL- Pishon, the camel driver
12)[line 29]במדה כפושה מדדB'MIDAH CHEFUSHAH MADAD- he measured with an inverted measure, i.e. he dealt unfairly
13)[line 30]תרי קיטרי עבדו ביהTREI KITREI AVDU BEI- (lit. two conspiracies were perpetrated against him) that is, a married woman is not being permitted to remarry just because her husband dealt unfairly with her property. Even though she, according to Beis Shamai, should be prohibited from performing Mi'un (in which case she is still a married woman), nevertheless since the marriage was mid'Rabanan, the Rabanan had the right to annul the marriage retroactively as they saw fit (TOSFOS).
14)[line 36]מכשירין בשניםMACHSHIRIN BI'SHENAYIM- i.e., even two witnesses suffice for Chalitzah; a Beis Din is not needed. (In fact, even two witnesses are not needed. Chalitzah is valid even if it is done in front of a single witness. -TOSFOS; see Insights to the Daf.)