(Mishnah - Beis Shamai): We are Mema'en (let orphaned minor girls retroactively annul their marriage mid'Rabanan) only for Arusos (during Eirusin);

Beis Hillel say, [we are Mema'en] Arusos and Nesu'os.

Beis Shamai say, [she can do Mi'un only] to the husband [but not after she fell to a Yavam];

Beis Hillel say, to a husband or to a Yavam.

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

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

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

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

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

Beis Shamai: Benos Yisrael are not Hefker! Rather, she does Mi'un and waits until she grows up [before remarrying], or does Mi'un and has Nisu'in [immediately with someone else - KORBAN HA'EDAH, Daf 71a].

(Gemara - Mishnah): R. Yehudah bar Aba testified five matters. [One of them was] that we are Mema'en minors.

Question: Is there an argument about [a matter about which there was] testimony?!

Note: The question assumes that the testimony specified in which cases we allow Mi'un. If so, why do Beis Shamai and Beis Hillel argue about this?

Answer: They argue about [what was] the primary testimony - Beis Shamai say that we are Mema'en only Arusos, and Beis Hillel say Arusos and Nesu'os.

Question (against Beis Hillel): [Chachamim] permitted (i.e. enacted) Nisu'in [for orphaned minors], and [her husband] merits her Metzi'os and earnings, he can annul her vows, and she is like his wife in every way, and you say so (she can do Mi'un)?!

Answer: They gave to you from yours (the entire marriage is mid'Rabanan). According to [Torah] law, her Nisu'in should not be a Nisu'in. Chachamim said that her Nisu'in is a Nisu'in, and they said that she can do Mi'un and leave.

Question: What is Beis Shamai's reason?

Answer: If you will say so (that Nesu'os can do Mi'un), it turns out that you make all the Bi'os that he had Bi'as Zenus.

(R. Avin): Beis Shamai hold like R. Lazar;

(Beraisa - R. Lazar): Even a bachelor who had Bi'ah with a single woman, not for the sake of marriage, he made her a Zonah (OHR SOMAYACH Hilchos Ishus 1:4, ACHIEZER Sof Siman 4).

Inference: Beis Shamai hold that if she transgressed and did Mi'un from Nisu'in, the Mi'un is not valid. (Below, the Gemara will conclude unlike this. SHA'AREI TORAS ERETZ YISRAEL changes the text here to say 'it is valid', i.e. since we are concerned only for Bi'as Zenus.)

Question: If she entered Chupah and did not have Bi'ah, do you consider her like an Arusah, or like a Nesu'ah?

Question: Arusos in Yehudah, that [the Arus] is intimate with her (they are secluded during Eirusin), do you consider her like an Arusah, or like a Nesu'ah?

Question: If before she could not do Mi'un (her father married her off, and she was widowed or divorced and later married mid'Rabanan), can she do Mi'un?

Answer: We learn from the following. If a man married off his minor daughter, and she was divorced and married herself off, even so she can do Mi'un.

Question: What is the reason for Beis Shamai [to permit Mi'un to the husband, but not to a Yavam]?

Answer: She married a husband willingly, therefore she can do Mi'un. She fell to her Yavam Bal Korchah (against her will), therefore she cannot do Mi'un (Zikah does not depend on her consent).

Question: What is the reason for Beis Hillel [to permit Mi'un even to a Yavam]?

Answer: If she can do Mi'un to the primary [marriage], all the more so to the Yavam (his Zikah is a mere result of the primary marriage).

(R. Yochanan): She can do Mi'un to her Yavam to uproot Zikah of the Mes, to permit the Tzarah to her father (i.e. if she fell to Yibum to her father; without Mi'un, the Tzarah is forbidden due to Tzaras Ervah) and [even when she is not Ervah to the Yavam, permit] a daughter-in-law (herself) to her father-in-law.

(Rav and Reish Lakish): She cannot do Mi'un to her Yavam to uproot Zikah of the Mes, to permit the Tzarah to her father and a daughter-in-law to her father-in-law.

Question: Do Rav and Reish Lakish hold like Beis Shamai?! Beis Shamai say that [she can do Mi'un only] to her husband!

Answer - Question: What is the case?

If she says 'I do not desire marriage to you and not the marriage to your [dead] brother', all agree that she uproots!

If she says [to the Yavam] 'I do not desire marriage to you, but I desire the marriage to your brother', all agree that she does not uproot! (SHA'AREI TORAS ERETZ YISRAEL on 1:2, with a small addition.)

Answer: Rather, the case is, she says [Stam] 'I do not desire marriage';

R. Yochanan says, it is as if she says 'I do not desire marriage to you and not the marriage to your brother';

Rav and Reish Lakish say, it is as if she says 'I do not desire marriage to you, but I desire the marriage to your brother';

Question #1: A Mishnah (1:1) argues with R. Yochanan! If any of these [15 Arayos] died, did Mi'un, was divorced, or was found to be an Ailonis, the Tzaros are permitted. Is divorce not from him (her husband? Surely it is!) Likewise, 'did Mi'un' is from him (her husband, and not to the Yavam)!

Question #2: R. Chizkiyah taught a Beraisa (unlike R. Yochanan). If they did Mi'un in the husband's lifetime, the Tzaros are permitted. [If they did Mi'un] after the husband died, the Tzaros do Chalitzah and not Yibum.

Answer #1 (R. Yudan, the father of R. Matanyah): The case is, [the widows] died and did not do Mi'un. The Beraisa means that anyone who could have done Mi'un, but did not do Mi'un, her Tzarah does Chalitzah and not Yibum.

So we must explain the Mishnah (1:4). Anyone who could have done Mi'un, but did not do Mi'un [and she died], her Tzarah does Chalitzah and not Yibum.

Answer #2 (R. Avodimi): You can even say that [in the Mishnah and Beraisa] she is alive. The case is, there is no Yavam other than her father. (Then, Mi'un to the Yavam does not help, for at the time she fell, the Tzarah looked like Tzaras Ervah.)

(R. Yonah): (Mishnah 1:1 says that if she was found to be an Ailonis, the Tzarah is permitted.) This is only from Eirusin (presumably, the Kidushin was mistaken and invalid. However, if she was Nesu'ah, the Tzarah is forbidden.)

(R. Yosah): It is even from Nisu'in.

The next time he learned [Yevamos], R. Yosah retracted [to say like R. Yonah]

R. Pinchas: Did Rebbi (you) not teach us even from Nisu'in?!

R. Yosah: Is it fixed for you like a nail [that I cannot retract]?! (PNEI MOSHE)

Question (R. Ze'ira, to R. Mana): (Why did R. Pinchas object?) Did R. Yosah say properly before he retracted?! If Bito from Nisu'in was not an Ailonis, her Tzarah is forbidden. Because there is added [another reason to forbid Yibum, i.e. she is an] Ailonis, is her Tzarah permitted?! (We explained this like PNEI MOSHE, 1:2.)

Answer (R. Mana): (Indeed, R. Yosah's initial opinion was correct.) An Ailonis, it is as if she is not in the world (i.e. she was never married);

If there are two Yevamos - one is an Ailonis and one is not an Ailonis, and the Yavam did Chalitzah to [the Ailonis] or had Bi'ah with her, does it exempt her Tzarah at all?!

Inference: An Ailonis, it is as if she is not in the world.

Question: (Mishnah 1:1 says that the mother or grandmother of his wife did Mi'un. This implies that the others could do Mi'un.) Can Bito do Mi'un?! [Mi'un was enacted for a marriage mid'Rabanan, i.e. for an orphaned Ketanah. If her father is alive,] is her marriage not mid'Oraisa - "Es Biti Nasati l'Ish ha'Zeh"!

Answer (Rav Huna citing Reish Lakish): The case is, a father married off his Ketanah and she was divorced. She is like an orphan in her father's lifetime (mid'Oraisa, her father cannot marry her off, so marriage mid'Rabanan was enacted for her).

Inference (R. Acha bar Chinena citing Reish Lakish): A Ketanah cannot give birth. If you would not say so, [a mother-in-law] could wait until she matures, do Mi'un to her husband, and permit her Tzarah to her son-in-law! (PNEI MOSHE 1:2 - he said 'wait until she matures' because he holds like Shmuel (Bavli 107b), that one who does Mi'un must affirm her Mi'un when she matures.)

R. Yishmael's daughter-in-law did Mi'un when her son was on her shoulder.

(Rav Hamnuna citing Asi): Our Mishnah discusses a Yevamah who fell to two Yevamim, and one of them gave a Ma'amar. [Beis Hillel] say that she does Mi'un to his Ma'amar, and marries l'Shuk (a stranger. Beis Shamai disagree, for Mi'un to part of the Zikah does not help.)

Question: [Beis Hillel should say that] she can do Mi'un to his Ma'amar, and marry (do Yibum with) his brother!

Answer: (She could, if she wanted!) The case is, she says 'I do not want him (the other Yavam. She does not reject the entire Zikah; Beis Shamai hold that Mi'un to part of the Zikah does not help.)

(R. Heila citing R. Shimon ben Yonisa citing R. Hoshayah): Our Mishnah discusses a Yevamah who fell to two Yevamim, and one of them gave a Ma'amar. [Beis Hillel say that] she can do Mi'un to his Ma'amar, and marry his brother.

Question: [Beis Hillel should say that] she can do Mi'un to his Ma'amar, and marry l'Shuk!

Answer: The case is, her father married her off; her marriage is mid'Oraisa. (Mi'un cannot annul Zikah mid'Oraisa. It can annul the Ma'amar mid'Rabanan. Beis Shamai hold that when there is Torah marriage, there is no Mi'un at all. We explained this like MEICHAL HA'MAYIM.)

Beis Hillel (to Beis Shamai): A case occurred in which the wife of Pishon the camel-driver did Mi'un in his absence! (How can you say that Mi'un must be in front of the husband?)

Beis Shamai: Is there a proof from there?! Since he measured unfairly (he squandered her Melug property), Chachamim were unfair to him (and let her do Mi'un in his absence)!

Question: If someone does improperly, do we permit his Ervah?! (Since he ate Peiros of her property, surely she was Nesu'ah, and also the Mi'un was in his absence. Beis Shamai do not allow such Mi'un!)

Inference (Rav Chisda): This teaches that according to Beis Shamai, if she transgressed and did Mi'un from Nisu'in, it is Mi'un. (OHR YAKOV - we learn also that b'Di'eved, Mi'un in his absence is valid. Mi'un from Nisu'in is a bigger Chidush.)

(R. Ba citing R. Chiya bar Ashi): A case occurred in which a girl descended to launder in the river. They said to her, 'your Arus is passing by!' She said, [my] mother should go and marry him! The case came in front of Chachamim, and they said that there is no greater Mi'un than this.

(R. Chaninah): A case occurred in which a girl entered to buy flax from a flax seller. They said to her, 'your Arus is passing by!' She said, [my] mother should go and marry him! The case came in front of Chachamim, and they said that there is no greater Mi'un than this.

(Beraisa - in the name of R. Yehudah): Even if she entered only to take an item from the grocer, and she said 'I do not want Ploni my husband', there is no greater Mi'un than this.

Question: (Beis Shamai said that Mi'un must be in front of Beis Din.) Do Beis Din sit [to hear] Mi'un?!

Was it not taught, flee from three things and cling to three - cling to Chalitzah, permitting vows and bringing Shalom, and flee from Mi'un, being a guarantor, and accepting a deposit?!

(R. Shimon bar Bari): It is not called Pikadon (deposit), rather, Pukdun (go to judgment. Deposits often lead to disputes that must be settled in Beis Din.)

(R. Berachiyah): [Verses teach to flee from being a guarantor -] "Beni Im Aravta l'Re'echa... [Nilkadta b'Imrei Ficha.]"

Repeat of question: Do Beis Din sit [to hear] Mi'un?!

Answer: (They do not.) The case is, they were engaged in another matter and a case [of Mi'un] came in front of them.

Our Mishnah means that [Beis Shamai say that] she does Mi'un and waits until she grows up and becomes Mekudeshes, or she does Mi'un and has Nisu'in [immediately with someone else]. However, she may not become Mekudeshes [immediately].

Inference: (She may not become Mekudeshes before adulthood, lest she do Mi'un again.) This teaches that if she transgressed and did Mi'un from Nisu'in, Beis Shamai hold that it is invalid Mi'un.

(R. Acha citing R. Tanchum bar Chiyah): [Beis Shamai say that we are Mema'en only Arusos] because there is publicity to a Nesu'ah (we do not want people to say that a married woman leaves her husband without a Get), but there is no publicity to a n Arusah (SHIREI KORBAN);

A woman can conceal herself, and say 'I did not become Mekudeshes', but she cannot conceal herself, and say 'I did not have Nisu'in.'