Y Yevamos 73

So first of all, as we've said, miyun is when the father is out of the picture, either because he's dead, or because nisuin took place.

So therefore she's called a yesoma b'chaye ha'av.

So if the father is out of the picture, the mother and the brothers are usually the ones that take care of her.

So Chazal enacted this nisuin derabanan, in order to allow her, to allow her to get married.

Again, if you remember, the Tosfus, the beginning of the second Barakah of Kedushin, spoke about how children, the girls got married at a much younger age, and it was considered a chesed in order to be able to have the girl taken care of financially and the like.

So therefore, this is a way that Chazal enacted that the Benosi's child could be taken care of.

But the important word is ledaita, ledaita.

Even though, as we'll see, A katana, we're talking about a katana, less than 12 years old, she doesn't have full da'as, according to halacha.

But it has to be somewhat ladayta.

We assume there's a certain level of da'as.

We're not talking about a three-year-old.

We're talking about an older girl who has some da'as, who can understand.

And we have concepts even in katnas.

We have lo higiyah lachinuch and higiyah lachinuch.

We have onas hapeutos, which is six, seven years old.

We have Mufla Samach La'ish, which is a year before Bar and Ban Mitzvah.

So even within the world of Katnus, we have levels and measurements that Chazal give in terms of the age.

So here it says that only if it's L'dayta.

If they married her, if the mother of the brother married her without her knowledge, that even Mian is not needed.

It's not called a marriage.

It's not called a marriage if she did not acquiesce, if she didn't have Asgama.

Rabbi Khalil, I'm going to take this home.

Eric? And the Gemara will ask, is this adding or is this arguing? If she can't hold on to her Kiddushin, she can't guard it.

She got money, she got jewelry for the Kiddushin and she just loses it.

She doesn't care for it properly.