PEREK BEIS SHAMAI
1)

WHEN MAY MI'UN BE DONE? [line 1]

(a)

(Mishnah - Beis Shamai): A girl (an orphaned minor married mid'Rabanan) can do Mi'un (retroactively undo the marriage) only during Eirusin;

(b)

Beis Hillel say, she can do so even after Nisu'in.

(c)

Beis Shamai say, Mi'un can be done to the husband, but not (after she fell) to a Yavam;

(d)

Beis Hillel say, she can do Mi'un even to a Yavam;

(e)

Beis Shamai say, Mi'un can be done only in front of the husband;

(f)

Beis Hillel say, it need not be in front of him.

(g)

Beis Shamai say, Mi'un can be done only in Beis Din;

(h)

Beis Hillel say, it need not be in Beis Din.

(i)

Beis Hillel: A girl may do Mi'un four or five times.

(j)

Beis Shamai: Benos Yisrael are not Hefker! Rather, she does Mi'un, waits until she grows up, does Mi'un, and gets married [to someone else].

2)

MI'UN FROM NISU'IN [line 11]

(a)

(Gemara) Question: Why do Beis Shamai forbid Mi'un from Nisu'in?

(b)

Answer #1 (Rav Yehudah): Nisu'in cannot be on condition. If girls do Mi'un from Nisu'in, people will come to say that Nisu'in can be conditional.

(c)

Question: If so, why don't they allow Mi'un after Chupah without Bi'ah?

(d)

Answer: Chupah cannot be on condition.

(e)

Question: If so, why don't they allow Mi'un after her father handed her over to the husband's messengers?

(f)

Answer: Chachamim did not distinguish (between types of Nisu'in).

1.

Beis Hillel allow Mi'un from Nisu'in, for people know that Nisu'in of an orphaned minor is only mid'Rabanan.

(g)

Answer #2 (to Question (a) - Rabah and Rav Yosef): Beis Shamai forbid Mi'un from Nisu'in because a person does not want to have Bi'as Zenus. (Men will not marry orphans if they may do Mi'un and retroactively convert the Bi'os to Bi'as Zenus.)

(h)

Question: If so, why don't they allow Mi'un after Chupah without Bi'ah?

(i)

Answer: A man does not want that his Chupah was forbidden (retroactively).

(j)

Question: If so, why don't they allow Mi'un after her father handed her over to the husband's messengers?

(k)

Answer: Chachamim did not distinguish (between types of Nisu'in).

1.

Beis Hillel say, since there is Kidushin and a Kesuvah, people will not consider it to be Bi'as Zenus.

(l)

Answer #3 (Rav Papa): Beis Shamai and Beis Hillel are both concerned for Peiros (yield of her property);

1.

Beis Shamai hold, if she could do Mi'un, he would hastily eat the Peiros, since he expects her to leave and take back her property;

2.

Beis Hillel say, the option to do Mi'un encourages him to improve the property, lest her relatives counsel her to do Mi'un!

(m)

Answer #4 (Rava): Beis Shamai hold that a person does not want to make a (wedding) party and lose it (if she does Mi'un);

1.

Beis Hillel hold that they are both happy to acquire the title of being married (even if the marriage will not endure).

3)

MI'UN TO THE YAVAM [line 34]

(a)

(Mishnah - Beis Shamai): She may do Mi'un to her husband (...Beis Hillel permit even to the Yavam).

(b)

(R. Oshaya): She may do Mi'un to (undo) his Ma'amar (so a Get is not needed), but not to his Zikah (to marry l'Shuk without Chalitzah).

(c)

Question: What is R. Oshaya's reason?

(d)

Answer #1 (Rav Chisda): A Ma'amar requires her consent, therefore she can uproot it. Zikah is against her will, so she cannot uproot it.

(e)

Objection: Yibum is against her will, yet she can uproot it!

107b----------------------------------------107b

(f)

Answer #2: Rather, the Yavam does Ma'amar and Yibum, so she can uproot them. Shamayim put Zikah on her, so she cannot uproot it.

(g)

(Ula): She can do Mi'un even to his Zikah.

1.

This is because she uproots the first marriage.

(h)

Question (Rava - Mishnah): If any Ervah (to the Yavam) could have done Mi'un but did not, the Tzarah does Chalitzah, but not Yibum.

1.

If Mi'un can uproot Zikah, she should do Mi'un now and the Tzarah can do Yibum!

(i)

Answer: Tzaras Ervah is different for the following reason:

1.

(Rami bar Yechezkel): If a girl did Mi'un to her husband, she may marry his father. If she did Mi'un to the Yavam, she is forbidden to his father.

2.

This is because when she fell to Yibum, she looked like his daughter-in-law.

3.

Also in the Mishnah, when she fell to Yibum, the Tzarah looked like Tzaras Ervah!

(j)

(Rav): If she did Mi'un to one brother she is forbidden to all brothers, just like Ba'alas ha'Get (a Yevamah who received a Get);

1.

Since Ba'alas ha'Get is forbidden to the one who gave the Get, she is forbidden to all the brothers. The same applies when she does Mi'un to a Yavam!

(k)

(Shmuel): If she did Mi'un to one brother, she is permitted to the others. She is unlike Ba'alas ha'Get;

1.

The Yavam did an action to Ba'alas ha'Get. Here, she acts on him and says that she does not want him;

2.

She does not want him, but she desires his brother!

(l)

(Rav Asi): If she did Mi'un to a brother, she is permitted even to him!

(m)

Suggestion: Rav Asi holds like R. Oshaya, who says that she cannot do Mi'un to uproot his Zikah.

(n)

Rejection: No. When there is only one Yavam, she can uproot the Zikah. The case is, there are two Yevamim. Mi'un does not work on half the Zikah.

(o)

(Ravin): R. Yochanan taught that if she did Mi'un to one brother, she is permitted to the other brothers. They did not agree to this.

(p)

Question: Who didn't agree to this?

(q)

Answer #1 (Abaye): Rav did not agree.

(r)

Version #1 - Answer #2 (Rava): R. Oshaya did not agree. (R. Yochanan connotes that Mi'un does not uproot Zikah only when there are at least two brothers. R. Oshaya holds that it never uproots Zikah.)

(s)

Version #2 - Answer #2 (Rava): Rav Asi did not agree. (R. Yochanan connotes that she is permitted only to the other brothers.)

4)

MI'UN IN FRONT OF THE HUSBAND OR BEIS DIN [line 26]

(a)

(Mishnah - Beis Shamai): Mi'un must be in front of the husband ...

(b)

(Beraisa - Beis Hillel): The wife of Pishon the camel-driver did Mi'un in his absence!

1.

Beis Shamai: Since he acted unfairly (he squandered her Melug property), Chachamim were unfair to him (and let her do Mi'un in his absence)!

(c)

Question: Since he ate Peiros of her property, she must have done Nisu'in. Beis Shamai do not allow Mi'un from Nisu'in!

(d)

Answer: Chachamim were unfair to him in two respects.

(e)

(Mishnah - Beis Shamai): Mi'un must be in front of Beis Din ...

(f)

(Mishnah): Chalitzah and Mi'un must be in front of three.

(g)

Question: Who taught that Mishnah?

(h)

Answer #1 (Rabah): It is Beis Shamai.

(i)

Answer #2 (Abaye): It can even be Beis Hillel. Beis Hillel do not require a Beis Din of expert judges, but they require three!

1.

(Beraisa - Beis Shamai): Mi'un must be in front of Beis Din;

2.

Beis Hillel say, it need not be in front of Beis Din.

3.

Both agree that three are needed;

4.

R. Yosi bar Yehudah and R. Elazar b'Rebbi Shimon say that with two, it is valid.

5.

(Rav Yosef bar Minyomi): The Halachah follows these two Tana'im.

(j)

(Mishnah - Beis Shamai): She does Mi'un ... (grows up, does Mi'un and gets married).

(k)

Question: Why is a second Mi'un needed?

(l)

Answer #1 (Shmuel): When she grows up, she must say that she affirms her first Mi'un.

(m)

Answer #2 (Ula): Beis Shamai teach two options (that prevent her from doing Mi'un again):

1.

She may do Mi'un, grow up and become Mekudeshes;

2.

She may do Mi'un and immediately have Nisu'in.

(n)

Question: According to Ula, we understand why it says 'until she grows up, does Mi'un, and gets married';

1.

However, according to Shmuel, it should say, 'until she grows up, says...'!

(o)

This is left difficult.

5)

WHICH GIRLS MUST DO MI'UN? [line 41]

(a)

(Mishnah): Any girl married by her mother and brothers with her consent must do Mi'un. If she was married against her will, she need not do Mi'un;

(b)

R. Chanina ben Antigonus says, any girl too immature to guard her Kidushin money need not do Mi'un;

(c)

R. Eliezer says, the actions of a minor have no effect. She is like one who was enticed (to have Bi'ah);

1.

If she is a Bas Yisrael married to a Kohen, she does not eat Terumah. If she is a Bas Kohen married to a Yisrael, she may eat Terumah.

(d)

R. Eliezer ben Yakov says, if the husband is the hindrance (this will be explained), it is as if she is his wife. If he is not the hindrance, it is as if she is not his wife.

(e)

(Gemara - Rav Yehudah): At first, the text of a document of Mi'un used to say 'I do not want him, I do not desire him, and I do not want to be married to him';

1.

Chachamim saw that the text was too long and people might confuse it with a Get. They enacted to write 'On day Ploni, Plonis did Mi'un in front of us.'