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1) MI'UN FROM NISU'IN

(a) (Mishnah): Beis Shamai say, only engaged girls can do Mi'un; Beis Hillel say, both engaged and married;
(b) Beis Shamai say, Mi'un can be done to the husband, not to the Yavam; Beis Hillel say, to the husband or the Yavam;
(c) Beis Shamai say, Mi'un can only be done in front of the husband; Beis Hillel say, both in front of him or not in front of him;
(d) Beis Shamai say, Mi'un can only be done in Beis Din; Beis Hillel say, in Beis Din or not in Beis Din;

1. Beis Hillel: A girl may do Mi'un 4 or 5 times.
2. Beis Shamai: Bnos Yisrael are not wanton! Rather, she does Mi'un, and waits until she grows up, does Mi'un, and gets married.

(e) (Gemara - Question - Rav Yehudah): Why do Beis Shamai say that Mi'un can not be done from Nisu'in?
(f) Answer #1 (Rav Yehudah): Because Nisu'in cannot be on condition; if Mi'un is done from Nisu'in, people will come to say that Nisu'in can be conditional.

1. Question: If so, why can't Mi'un be done after Chupah without relations?
2. Answer: Chupah cannot be on condition.
3. Question: If so, why can't Mi'un be done after the father handed her over to the messengers of the husband?
4. Answer: Chachamim did not distinguish (between types of Nisu'in).

i. Beis Hillel allow Mi'un from Nisu'in - people know that the marriage of an orphaned minor is only mid'Rabanan.

(g) Answer #2 (Rabah and Rav Yosef): Beis Shamai prohibit Mi'un from Nisu'in, because a person does not have extramarital relations (and he will not marry her if she may do Mi'un, converting his relations to extramarital relations retroactively).

1. Question: If so, why can't Mi'un be done after Chupah without relations?
2. Answer: A man does not want that his Chupah was forbidden (retroactively).
3. Question: If so, why can't Mi'un be done after the father handed her over to the messengers of the husband?
4. Answer: Chachamim did not distinguish (between types of Nisu'in).

i. Beis Hillel say, since there is engagement and a Kesuvah, people will not view it as extramarital relations.

(h) Answer #3 (Rav Papa): Beis Shamai and Beis Hillel are both concerned for fruits (of her property).

1. Beis Shamai hold, if she can do Mi'un, he will eat fruits of her property and not care for it properly, since he knows that she may do Mi'un at any time.
2. Beis Hillel say, just the opposite - this will encourage him to improve the property, lest her relatives suggest to her to do Mi'un.

(i) 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 (even if the marriage was short-lived), to have acquired the title of being married.

(a) (Mishnah): Beis Shamai say, she may do Mi'un on the husband ...(Beis Hillel say, also to the Yavam).
(b) (R. Oshiya): She may do Mi'un to his Ma'amar, but not to his Zikah.
(c) Question (Rav Chisda): What is R. Oshiya's reason?
(d) Answer #1 (Rav Chisda): A Ma'amar can only be done with her consent, so she can uproot it - but Zikah is against her will, she cannot uproot it.
(e) Objection: But Yibum is against her will, and she can uproot it!

(f) Answer #2: Rather, Ma'amar and Yibum, which the Yavam does, she can uproot; Zikah, which Heaven put on her, she cannot uproot.
(g) (Ula): She can even do Mi'un to his Zikah.

1. This is because she uproots the first marriage.

(h) Question (Rava - Mishnah): Any (Ervah) that could have done Mi'un, but did not, the Tzarah does Chalitzah, not Yibum.

1. If she may uproot Zikah - let her do Mi'un now, and the Tzarah can do Yibum!

(i) Answer: Tzaras Ervah is different for the following reason.

1. (Rami Bar Yechezkeil): If she 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. The reason is, 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 as a Yevamah that received a Get.

1. If she receives a Get, once she becomes forbidden to the one that gave her 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 other brothers - she is different than a Yevamah that received a Get.

1. When she receives a Get, the Yavam did an act to her; here, she acts on him - she says, I do not want you.

i. You I do not want - but I desire your brother.

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

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

(m) Rejection: No - when there is only 1 Yavam, she can uproot the Zikah; the case is, there are 2 Yevamim - Mi'un does not work on half the Zikah.
(n) (Ravin): If she did Mi'un to one brother, she is permitted to the other brothers; they did not agree to this.

1. Question: Who didn't agree to this?
2. Answer #1 (Abaye): Rav.
3. Version #1 - Answer #2 (Rava): R. Oshiya.
4. Version #2 - Answer #3 (Rava): Rav Asi.

(a) (Mishnah): Beis Shamai says, Mi'un must be in front of the husband ...
(b) (Beraisa - Beis Hillel): But the wife of Pishon the camel-driver did Mi'un not in front of him!

1. Beis Shamai: Since he used unfair measures (in commerce), Chachamim were unfair to him (and let her do Mi'un).

(c) Question: Since he ate her fruits - she must have been married - but Beis Shamai say, Mi'un is only from engagement!
(d) Answer: Chachamim were unfair to him in 2 respects.
(e) (Mishnah): Beis Shamai says, Mi'un must be in front of Beis Din ...
(f) (Mishnah): Chalitzah and Mi'un must be in front of 3.
(g) Question: Who taught that Mishnah?
(h) Answer #1 (Rabah): Beis Shamai.
(i) Answer #2 (Abaye): It can even be as Beis Hillel.

1. Beis Hillel only say that ordained judges are not needed -but 3 are needed!

i. (Beraisa): Beis Shamai say, Mi'un must be in front of Beis Din; Beis Hillel says, it may even be not in front of Beis Din; both agree that 3 are needed;
ii. R. Yosi Bar Yehudah and R. Elazar b'Rebbi Shimon say that with 2, it is valid.
iii. (Rav Yosef Bar Minyomi): The law is as the 1st Tana.

(j) (Mishnah): Beis Shamai say, she does Mi'un ... (grows up, does Mi'un and gets married).
(k) Question: Why is a 2nd Mi'un needed?
(l) Answer #1 (Shmuel): When she grows up, she must say, I confirm the Mi'un I did.
(m) Answer #2 (Ula): The Mishnah teaches 2 laws: either she does Mi'un, grows up and gets engaged; or, she does Mi'un and immediately gets married (either way, she cannot do Mi'un again).

1. We understand, according to Ula, why it says, she grows up and gets married.
2. Question: According to Shmuel, it should say, 'Until she grows up and says...'!

i. This is left difficult.

(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 does not need to do Mi'un;
(b) R. Chanina Ben Antigonus says, any girl too immature to guard her engagement money, does not need to do Mi'un;
(c) R. Eliezer says, the actions of a minor have no effect - she is as an enticed girl;

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, it is as if she is his wife; if the husband 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 said, 'I do not want him, I do not desire him, 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, so they enacted to write, 'On day Ploni, Plonis did Mi'un in front of us'.