Cytowanie Komentarza do Powtórzonego Prawa 22:16

A minor girl who was married off by her mother after her father's death, because from the Torah, her marriage is nothing, because a minor girl is not capable of legal decisions, and her mother does not have from the Torah the power to marry her off, but her father does, as it says "I have given my daughter to this man" (Dev. 22). And even so the Rabbis decreed marriage for her which requires refusal, so that he will marry her and she will not go out to immorality. Therefore if she refuses after a time and says "I cannot have him", she goes out and is permitted to any man, and does not require a divorce from him. And R' Yehuda ben Bava testified that there are times when it is a Mitzvah for Bais Din to teach her to refuse him, such as two brothers married to two orphaned sisters - one an adult and her marriage is from the Torah, and one a minor whose marriage is only Rabbinic. And the husband of the adult one dies without children, and she falls to her brother for Yibum. And it is found she (the adult sister) is connected to him from the Torah, and this connection forbids his wife (the minor sister) to him, because she is the sister of a woman connected to him (for Yibum), which is like the sister of his wife. And Rabbi Eliezer says in Maseches Yevamos (109a): "We teach such a minor girl to refuse her husband, and to uproot her marriage all the way back, and to make all her intimacy (with her husband) like immorality - to permit her husband to do Yibum with with her sister," as we learned in a Mishnah: "They may marry (a relative of) a raped or seduced girl" (Yevamos 97a). And Rabbi Yehuda ben Bava testified on the day Eduyos was taught that the Halacha is like Rabbi Eliezer.

"Or I could say: These words [apply] to a minor (קטנה)". [Problem:] Even though the verse is dealing with a na'arah! Another problem: It is written, "And they will stone her" (Devarim 22:16), but one who spreads evil rumours about a minor is exempt! [Therefore it can't be that these verses are about a minor]. Solution: Nevertheless, this is what it meant: "My daughter I gave to this man" when she was a minor, and now she is an adult [i.e. the case is when she was a na'arah, even though the father is talking about when his daughter was a minor]. [New problem:] But if you say: For a minor I didn't need a verse, for "now he can sell her, it is necessary [to find a verse for] kiddushin money!?" (Ketubot 47a) in a case just like this that we say regarding her handiwork in the chapter Na'arah She-Nitpat'tah (Ketubot 47a)! Solution: [These situations] are not similar, for regarding her handiwork it makes sense—when he sold her, he sold her handiwork, since behold she was sold for her work—but kiddushin is not connected to sale (even though he can designate her [and sell her as the wife of a freeman], this is with the money with which she is sold, but the kiddushin itself we find no [automatic] right for the father). [New problem:] But don't we say in the chapter Na'arah that "the daughter's handiwork belongs to the father *because* God gives him the right to hand her over in marriage even if it [results in] ceasing her work!? And Rashi explains there: "God gives him the right because of what is written 'My daughter I gave to [this] man'—this means all 'givings', including handing her over to marriage. But what evidence is that [i.e. how can Rashi use the verse in that way]!? I could say: These words [apply to] a minor but not a na'arah, just as we say here! [Rashi interprets the verse differently in Ketubot than here—there he assumes it applies to a na'arah, here the sugya claims that maybe it does not]. Solution: This verse "My daughter I gave" must be dealing with a na'arah as I explained. And, though for the matter of kiddushin we are able to explain [it as] "My daughter I gave" when she was a minor, for the matter of marriage it is impossible to explain it except about a na'arah. For if [she were married] while she was a minor, then she would have been married when she whorred and her punishment would be strangling rather than stoning, for she is not held responsible for the whorring while she was a minor [so she would be punished for adultery instead].

נאמן – to make her disqualified from the priesthood [through marriage]. He is believed about his daughter all the time that she is a minor, as it is written (Deuteronomy 22:16): “[And the girl’s father shall say to the elders,] ‘I gave this man my daughter to wife…” When he said “[this] man, he prohibited her to everyone else, for we do not know to whom [it was that he was talking about], and when he returned and said to this one, he made her permissible to him.