Talmud Bavli
Talmud Bavli

Responsa for Niddah 96:32

קטנה שהגיעה לכלל שנותיה אינה צריכה בדיקה חזקה הביאה סימנין

'And a woman may be relied upon when by her evidence the law is restricted but not when it is relaxed thereby.' Who taught this? — If you wish I might say: R. Judah, and [the reference is to evidence] during the period.<span class="x" onmousemove="('comment',' His opinion being that hairs discovered during the period are evidence of puberty as are hairs discovered after the period. If the women report the presence of hairs as a result of which the girl is deprived of the right of mi'un they are relied upon since the law is thereby restricted. Their evidence, however, is not relied upon as regards entitling her to perform halizah since thereby the law would be relaxed. ');"><sup>26</sup></span>

Teshuvot Maharam

Q. A minor orphan girl was betrothed to A. She wants to exercise the right of "Refusal" (סירוב). May the testimony of female witnesses be accepted that the girl is only eleven years old and, therefore, may still exercise the right of "Refusal"?
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
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Teshuvot Maharam

Q. A minor orphan girl was betrothed to A. She wants to exercise the right of "Refusal" (סירוב). May the testimony of female witnesses be accepted that the girl is only eleven years old and, therefore, may still exercise the right of "Refusal"?
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
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Teshuvot Maharam

Q. A minor orphan girl was betrothed to A. She wants to exercise the right of "Refusal" (סירוב). May the testimony of female witnesses be accepted that the girl is only eleven years old and, therefore, may still exercise the right of "Refusal"?
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
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