Yevamot 107 – Underage wife

People lived short lives, and their next day was uncertain, so early engagement and marriage were critical. The Torah provides legal authority for the father of a girl to give her away in marriage before she reaches maturity. However, if the father was not alive, getting married was a problem: the underage girl lacked legal authority to accept an engagement for herself. In her family, the Torah gave this authority only to her father. Therefore, the Sages instituted for the mother and the girl's brothers to arrange her marriage. Yet, the legal basis for this marriage lay in the authority of the Sages and not in the Torah. It could be dissolved by the girl deciding that she does not like her husband and does not want to continue the marriage. This is called a "miyun" or "refusal." How exactly does this happen?

Beit Shammai says that she can refuse the marriage only after engagement but not after the marriage is complete with the chuppah. Had refusal been allowed when they are already living together, people might make a mistake and say that marriage with an adult woman can be dissolved without a divorce (Get), perhaps if the marriage conditions were not fulfilled. However, Beit Hillel allows her to refuse anytime: people know that a marriage of a minor girl is unique and can be dissolved without a Get.

Another type of logic: Beit Shammai says that if the girl can walk away, the man will not prepare the wedding reception, with all associated expenses, just to see it go to waste. However, Beit Hillel allows her to refuse any time: both the man and the woman want their wedding to be known, so the man will not hesitate to throw a feast to get married.

Art: Wedding Dinner by Jacob Gerritsz by Van Hasselt