Overview
This chapter discusses:
- The right of a minor girl to perform Mi’un
- When Mi’un ends
- The difference between Mi’un and divorce
- Returning to a former spouse
- The prohibition of remarrying a wife after she married another man
- The requirement to wait before remarrying
- Pregnant and nursing women
The central theme is:
Mi’un uproots a rabbinic marriage entirely, while a Get ends a valid marriage. Because of this, the halachic consequences are often very different.
Halachah 1
Marriage of a Minor
Chazal discouraged marrying off a minor.
If an orphaned minor girl was married off by:
- Her mother
- Her brothers
she may later declare:
“I do not want this marriage.”
This is called Mi’un.
No Get is required because the marriage was only rabbinic.
Likewise:
- A girl married by her father,
- Then divorced or widowed while still a minor,
returns to the status of an orphan regarding future marriages and may perform Mi’un.
Halachah 2
A Deaf-Mute Wife
A chereshet cannot perform Mi’un.
Chazal did not grant her that right lest people refuse to marry her.
Halachah 3
Scope of Mi’un
A minor may perform Mi’un:
- From Erusin
- From Nisuin
- In her husband’s presence
- Not in his presence
She can also perform Mi’un:
- To a Yavam
- To a second husband
- To a third husband
as many times as necessary while still a minor.
Even marrying another man while still a minor can sometimes itself constitute Mi’un.
Halachah 4
When Mi’un Ends
Mi’un is possible only until:
- She becomes a Na’arah, or
- She is known to be an Aylonit.
If she had relations after age twelve and one day:
She may no longer perform Mi’un.
We presume maturity.
Halachah 5
No Physical Signs Found
Even if examined and no signs of maturity are found:
If she had relations after twelve:
We suspect the signs appeared and disappeared.
Therefore:
- Mi’un is ineffective.
- A Get is required out of doubt.
Halachah 6
Reaching Adulthood
If she reaches age twelve and one day without performing Mi’un:
She loses the ability to perform Mi’un.
The marriage now continues under rabbinic authority and requires a Get.
If another man betroths her afterward:
His Kiddushin can take effect.
Numerous complicated consequences follow.
Halachah 7
Which Girls Require Mi’un?
Under six
No Mi’un needed.
Six to ten
Depends on maturity and understanding.
Over ten
Mi’un is generally required even if she is not particularly intelligent.
If relatives married her off without her consent:
Mi’un is unnecessary.
Halachah 8
How Mi’un Is Performed
She simply states before two witnesses:
“I do not want this husband.”
or
“I do not want these Kiddushin.”
Even a casual statement at a meal can constitute Mi’un.
Halachah 9
Mi’un Document
The witnesses prepare a written record.
Unlike a Get:
- No special writing is required.
- No lishmah.
- No delivery requirements.
It is merely documentation.
Halachah 10-11
Text of Mi’un
The Rambam records the traditional wording.
Essentially it states:
- I was married as a minor.
- I do not desire this marriage.
- I remain a minor.
The witnesses record and sign the declaration.
Remarrying a Former Wife
Halachah 12
Returning to a Divorced Wife
A man may not remarry a former wife after she became married to another man.
Even if the second marriage ended without intimacy.
If he violates this:
He receives lashes and must divorce her.
Based on:
“Her first husband may not take her back.”
Halachah 13
Mere Immorality Does Not Create the Prohibition
If she committed adultery after divorce without marriage:
She may return to her first husband.
The Torah prohibition requires:
A second marriage.
Halachah 14
Adultery During Marriage
Any woman who commits adultery while married becomes forbidden to her husband.
If he keeps her:
He violates a Torah prohibition.
Halachah 15
Special Case of the Deaf-Mute
If a deaf husband divorced his wife and she married another:
She may not return to him.
If a fully competent husband’s wife married a deaf man and later left him:
The Rambam permits her to return to the first husband.
Mi’un Versus Divorce
Halachah 16
Mi’un Erases the Marriage
A woman who leaves through Mi’un is treated as though the marriage never existed.
Therefore:
- She may marry his relatives.
- He may marry hers.
- She is not disqualified from Kehunah.
- She may even return to her first husband after subsequent marriages.
A woman who left through a Get does not enjoy these leniencies.
Halachah 17
Mi’un to a Yavam
A woman who performed Mi’un with a Yavam:
- Is forbidden to his father.
- Is permitted to other brothers.
Ninety-Day Waiting Period
Halachah 18
Universal Waiting Requirement
A divorced or widowed woman must wait:
Ninety days
before:
- Marriage
- Betrothal
Purpose:
To determine paternity.
Halachah 19
Counting from the Get
For a divorced woman:
The ninety days are counted from:
The date of the Get.
Halachah 20
Even When Pregnancy Is Impossible
The waiting period applies even to:
- Elderly women
- Aylonit
- Infertile women
- Girls too young to conceive
- Women divorced from Erusin
Because the decree was universal.
Halachah 21
Converts and Freed Slaves
The ninety-day waiting period also applies to:
- Converts
- Freed slaves
- Yefat To’ar
so lineage remains clear.
Halachah 22
Exceptions
The following do not wait ninety days:
- A girl who performed Mi’un
- A woman involved in illicit relations
- An unmarried rape victim
- A seduced woman
Halachah 23
Extremely Uncommon Situations
Where pregnancy is virtually impossible and the situation is rare:
Chazal did not impose the decree.
Halachah 24
Violating the Waiting Period
If someone becomes engaged within ninety days:
He is placed under rabbinic sanction.
If they marry:
They are separated until the waiting period expires.
Pregnant and Nursing Women
Halachah 25
Additional Restriction
One may not marry:
- A pregnant woman carrying another man’s child.
- A nursing woman nursing another man’s child.
Reason:
Protection of the child.
Halachah 26
Duration
The nursing restriction lasts:
Twenty-four months
from the child’s birth.
Halachah 27
Engagement Also Forbidden
Even betrothal is prohibited.
If the child dies:
The restriction ends.
Halachah 28
If They Already Married
If someone married a pregnant or nursing woman improperly:
They must separate.
If he is a Yisrael:
He may remarry her after the restriction ends.
Even a Kohen must divorce her if the marriage occurred during the prohibited period.
Main Principles of Chapter 11
| Topic | Ruling |
| Mi’un | Ends minor’s rabbinic marriage |
| Chereshet | Cannot perform Mi’un |
| Mi’un possible until maturity | Yes |
| Marriage after Mi’un | Considered as if first marriage never existed |
| Returning after second marriage | Forbidden after valid marriage |
| Adultery alone after divorce | Does not forbid return |
| Waiting period after divorce/widowhood | 90 days |
| Converts and freed slaves | Also wait 90 days |
| Mi’un | No 90-day waiting period |
| Pregnant/nursing woman | Cannot marry another man |
| Nursing period | 24 months |
Chapter Theme
Chapter 11 contrasts two fundamentally different ways a marriage can end. A Get dissolves an existing marriage, while Mi’un uproots a rabbinic marriage retroactively. Because Mi’un treats the marriage as though it never fully existed, many restrictions associated with divorce do not apply. The chapter concludes with safeguards protecting family lineage through mandatory waiting periods and restrictions involving pregnant and nursing women.