1,459. Miun (Refusal by a Minor)

Hilchos Ishus 4:7

If a minor gives a woman kiddushin, his actions are meaningless. However, a man or boy over the age of majority (13) can consecrate a minor girl who is an orphan or who is no longer under her father’s authority as follows: If she is under the age of six, then even if she demonstrates understanding well beyond her years, marriage is not effected and there is no need for miun (refusal) to dissolve the relationship. If she is older than 10, then even if she is very immature, marriage is effected because she willingly accepted the kiddushin; she must therefore perform miun in order to dissolve the relationship. Between the ages of six and 10, her sense of understanding is evaluated. If she demonstrates that she understands the implications of marriage, then marriage has been effected and she must perform miun. If she lacks such understanding, then marriage is not effected and miun is not required.

Hilchos Ishus 4:8

Miun (refusal by a minor) is as follows: if a minor girl was consecrated but no longer wants to be with her husband, she must say in front of two witnesses that she no longer desires him. After doing so, she can simply leave without requiring a get. This will be explained more fully later on, in Hilchos Geirushin. The reason she does not require a get is because her kiddushin is not binding under Biblical law; it is based on rabbinic legislation and is considered tentative. If she remains with her husband until she reaches the age of majority, the kiddushin is finalized and she is a completely married woman. In such a case, there is no need for her husband to give her kiddushin again after she reaches the age of majority. If she doesn’t want to remain with her husband, she must perform miun, after which she can just leave without a get.