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When a minor girl performs mi'un (refusal), does it cancel the original marriage (kiddushei rishon) retroactively or only the yavam's zikah? The shiur develops the Rambam (רמב"ם)'s approach that mi'un works lemafreia—it retroactively cancels the first marriage—making the co-wife muttar because they were never married together. The Ba'al HaMaor disagrees: mi'un to the yavam creates a new relationship and cannot undo the original marriage.
This shiur analyzes a complex discussion in Yevamos 12a regarding the mechanics of mi'un (the refusal of a minor girl to remain married) in the context of yibum (levirate marriage). The central question is whether mi'un, when performed after the husband's death, cancels the original marriage (kiddushei rishon) or only the yavam's relationship (zikah), and what implications this has for the co-wife (tzarah). The Rambam (רמב"ם), Rif, and Rosh hold that mi'un works retroactively (lemafreia) even when performed to the yavam. The mechanism is that through the yavam's standing zikah, the mi'un cancels the original marriage retroactively—as if she was never married to the deceased husband. This is permitted because the relationship still exists through the yavam. However, if she was a tzaras ervah (co-wife of a woman forbidden to the yavam), she remains forbidden even after mi'un, not because of the marriage itself but because of the issur tzaras ervah that applied during her lifetime. The chiddush is that the din of "meis achar meis" (once the husband is dead, you cannot perform mi'un) doesn't apply here because the yavam's zikah keeps the relationship alive for purposes of mi'un.
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Yevamos 12a
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