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Week 57 - Sunday-24 December 2000

YEVAMOT: CHAPTER 13: MISHNAH 2

Who is the minor who needs to refuse? Whoever was given in marriage by her mother or her brothers with her knowledge; if they gave her in marriage without her knowledge -- she does not need to refuse. Rabbi Hanina ben Antignos says, Any girl who is unable to guard her kiddushin does not need to refuse. Rabbi Eliezer says, The act of a minor is nothing, she is but as one who was seduced: the daughter of an Israelite to a priest, she may not eat terumah; the daughter of a priest to an Israelite, may eat terumah.

Kehati

This mishnah teaches that there is a minor who need not refuse, because her marriage is void, even by Rabbinic law.

Who is the minor who needs to refuse? Whoever was given in marriage by her mother or by her brothers with her knowledge -- she was aware of her marriage. The Gemara quotes a baraita: "What is Refusal? She said, 'I do not want my husband so-and-so,' 'I do not want the marriage that my mother or my brothers performed for me....' Even if there were guests at a banquet in her husband's house and she stands next to them and serves them drinks, and she said to them, 'I do not want my husband so-and-so,' then this is Refusal"; if they gave her in marriage without her knowledge -- she does not need to refuse -- and she may go out without Refusal, as if she had not been married at all (Rambam).

Hanina ben Antignos says, Any girl who is unable to guard -- the money or the document of -- her kiddushin, does not need to refute -- Rambam writes: Who is the minor who must refuse? From the age of six to the age of ten they examine her intelligence, if she knows how to guard her marriage and that this [money or document] constitutes marriage, but not that she will guard it in the manner in which she guards a nut, a date, and the like, then she requires Refusal. And if she does not know how to guard her marriage money or document, she does not need to refuse, but she goes to her mother's house, as if she had never been betrothed. And one who is younger than six years old, even if she knows how to guard, does not need to refuse. And if she is older than ten years old, even if she is extremely foolish (i.e., she is not bright at all -- Kesef Mishneh), she needs to refuse (for a girl older than ten is presumed to be capable of guarding her marriage money or document), and whoever was given in marriage by her brothers or by her mother or by her relatives without her knowledge does not need to refuse" (Rambam, Hil. Gerushin 11:7).

Rabbi Eliezer says, The act of a minor is nothing -- she is not considered to be married, she is but as one who was seduced -- i.e., even Rabbi Eliezer agrees that whoever was given in marriage with her knowledge and is capable of guarding her marriage money or document requires Refusal, but regarding other matters, she has the legal status of one who was seduced; therefore, if she is the daughter of an Israelite married to a priest, she may not eat terumah -- for she is not regarded as his wife; and if she is the daughter of a priest married to an Israelite, she eats terumah -- for her husband the Israelite does not disqualify her from eating terumah, for she is not considered married to him. The Gemara quotes a baraita: "Rabbi Eliezer says, The act of a minor is nothing, and her husband is not entitled to the object she finds, or to the work of her hands, or to annul her vows, he does not inherit from her, and he does not render himself unclean for her. The general rule is that she is not regarded as his wife for any matter (including the law taught in this mishnah: "the daughter of an Israelite to a priest, she may not eat terumah; the daughter of a priest to an Israelite, may eat terumah" -- Tosafot), but she requires Refusal. Rabbi Yehoshua says, Her husband is entitled to the object she finds, and to the work of her hands, and to annul her vows, he inherits from her, and renders himself unclean for her. the general rule is that she is regarded as his wife for every matter (including terumah -- Tosafot), but she goes out by Refusal." I.e., according to the opinion of Rabbi Yehoshua, if she requires Refusal and did not refuse she is in all respects his wife; this is the halakhah. However, if she is the daughter of an Israelite married to a priest, she may eat only terumah taken by Rabbinic decree (see Git. 5:5).

YEVAMOT: CHAPTER 13: MISHNAH 3

Rabbi Eliezer ben Yaakov says, Any hindrance that is from the man -- as if she is his wife; and any hindrance that is not from the man -- as if she is not his wife.

Kehati

Rabbi Eliezer ben Yaakov says, Any hindrance that is from the man -- i.e., if he is the cause of his wife who is a minor either living with him or going away from him, as if she is his wife -- her legal status is as his wife; and any hindrance that is not from the man -- as if she is not his wife -- the Gemara records an Amoraic dispute regarding the interpretation of Rabbi Eliezer ben Yaakov's statement:

Shemuel interprets this to mean that if another asked her to marry him while she is under her husband's authority, and she said that she does not wish to be married to him, because of her husband, i.e., because she wants to remain with her husband, this is a "hindrance that is from the husband," and if she declines because of another reason, e.g., because the other person is not suitable for her, this is a "hindrance that is not from the husband." I.e., according to this interpretation, Rabbi Eliezer ben Yaakov teaches that if the hindrance is from the husband, i.e., she has not refused him, and she is regarded as his wife, and she still requires Refusal. If, however, the hindrance is not from the husband, then since she has revealed her mind, that if it were not for the hindrance she would leave her husband, this expression of her mind is considered a Refusal, and she is not considered to be his wife (Rashi; Hameiri).

Abbaye ben Avin and Rav Hanina bar Avin interpret as follows: "if he gave her a bill of divorce, this is a hindrance that is from the husband," for since she did not refuse him, she revealed her mind that she wanted to live with him, but the matter depended upon him; she therefore is regarded as his wife, he is prohibited to her relatives, and she is prohibited to his relatives, etc.; "if she refused him, this is a hindrance that is not from the husband," and her legal status is as not regarded as his wife, he is permitted to her relatives, she is permitted to his relatives, etc., as specified in the following mishnah. I.e., according to this interpretation, Rabbi Eliezer ben Yaakov teaches a general rule, as an introduction to the detailed laws taught in the next mishnah. Most of the commentaries follow the latter interpretation.

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