Yevamot II 107: Refusal - Minor Girls Annul Their Marriages

Today's daf begins Perek XIII with a new Mishna.  We learn about a debate between Beit Hillel and Beit Shammai regarding the right of refusal of a minor girl who has been betrothed through her mother or brothers to an adult male.  Beit Hillel argues that she should be allowed to refuse that marriage whether she is 

• betrothed or fully married
• in the presence of her husband or in his absence
• refusing her husband or her yavam
• without witnesses or the presence of a court
• refusing many times as a minor

Beit Shammai disagrees, suggesting that she must be only betrothed, in the presence of her husband - and not her yavam, before a court, and refusing only one time as a minor after which she should not be betrothed again until she is a woman.

The Gemara explains why Beit Hillel and Beit Shammai make these assertions.  One of the more interesting comments regards Beit Shammai's comment about whether or not minor girls can refuse more than once.  He says that they cannot - but this is to protect them from being passed around from one man to another by their families.  Instead they should have the right to refuse only once and then they cannot be betrothed again until they are of age.  

The Gemara also considers whether marrying and then refusing would leave the husband liable for his sexually licentious behaviour.  Having had sexual intercourse and then nullifying the marriage could be bad for both parties.  However, this is countered.  Everyone would understand that the sexual intercourse that resulted from a betrothal and a wedding was not sexually licentious behaviour.    Further, the rabbis note that married men are offered greater social status.

We learn that a minor girl who is widowed without children is permitted to refuse her yavam without the need for chalitza.  The rabbis are concerned about whom this yevama might marry and whether or not that marriage might be perceived as condoning a forbidden relationship.  The rabbis also consider the notion of refusing a levirate marriage versus refusing a levirate bond.  The bond may exist regardless of whether or not a levirate marriage takes place.  The rabbis wish to clarify whether or not a minor yevama is permitted to marry other yevamin or in fact anyone she wishes to marry.  They also are concerned about whether or not a court of three should be required.  Because getting a get is less stringent, the rabbis agree that two upstanding witnesses are enough to validate refusal.

We end today's daf with another Mishna regarding minor girls.  We learn that a minor girl who consents to being married off by her mother or brothers must perform refusal to annul the marriage.  However, if she did not consent to the marriage - and if she was too young to understand how to keep her ketubah or her belongings safe while in marriage - then her marriage is invalid.  It is as if she is a seduced unmarried woman.  Thus she does not need to perform refusal to annul the marriage; she can walk away and it is as if the marriage never happened.  

This Mishna seems to actively discourage mothers and brothers from marrying off their minor daughters.  The rabbis are concerned that young women understand the meaning of marriage when they consent to be married.  This is truly revolutionary, in particular compared with other Talmudic statements regarding minor girls and their negligible rights when it comes to rape, consent, and other issues.