Jewish Law

Lesson # 497

Conditions cont.

In previous lessons we have been discussing betrothal on condition and how conditions are treated in other areas. Continuing with examples from the Shulhan Aruch:
A man says to a woman “you are betrothed unto me on condition that I am literate” -  There is an opinion that if he can read three verse and knows how to translate them with the Targum Onkeles, it is sufficient and the betrothal is valid.
If he said to her “on condition that I am a well versed”  he must know how to read Torah, Prophets and the Writings properly with correct pronunciation.
If he said to her “on condition that I am a reader”  he must know how to read and explain Mishna. There is an opinion that it if he knows the Aggadic parts of the Talmud, it is sufficient for the betrothal to be effective.
If he said “on condition that I am learned,” he must know how to read and explain Mishna, Sifra, Sifri and Tosefta [Talmudic commentaries on different books of the Bible].
If he said “on condition that I am a learned scholar of traditional lore, he must know how to answer general questions that are posed to him. Even if he can only answer simple questions such as those that deal with holy days which he heard from various lectures that are given prior to he holy days.
If he says to her “on condition that I am wise” he must be able to answer matters which depend upon proper reasoning from known laws to the question that is being asked of him.
If he says “conditioned upon the fact that I am a strong person”  then the condition is complied with if people are afraid of him because of his strength.
If he said “on condition that I am wealthy,” then we look to see if he is honored by the people of the community because of his wealth.
If he made the betrothal conditioned upon the fact that he is a righteous person, the betrothal is valid even if he is known as a wicked person because we say that perhaps he had thoughts of repentance in his heart.
Conversely, if he made he betrothal conditioned upon his being a wicked person, the betrothal is effective since we say that he perhaps had wicked thoughts in his heart.
If he made the condition “that I am a city dweller” and it turns out that he lives in both the city and the countryside; on condition that I am a perfumer” and he is really a perfumer and a tanner, in these situations the betrothal is valid.
On condition that my name is Yosef and it is found that he is called both Yosef and Shimon, in these situations the betrothal is valid. If, however, he stated on condition that my name is only Yosef and he is called both Yosef and Shimon, the betrothal is not valid.
Although the codes speak of these laws being part of betrothal on condition, there are other laws that appear in the codes which do not actually turn upon conditions.
A man betroths a woman and then a moment later either he or the woman says I do not want this betrothal. Their change of heart is of no avail, they are betrothed.
A man betrothed a woman on condition, which has not yet been fulfilled, so that they are not yet betrothed. If thereafter he canceled the condition even solely in her presence, without any witnesses, the condition is cancelled and they are betrothed as if the condition never existed. The same holds true if the condition of their betrothal was made by the woman, she can cancel the condition in his presence without any other witnesses and the condition is deemed canceled and she is betrothed to him without any conditions. Therefore, if a man betroths a woman and then weds her or has intercourse with her without any conditions, she requires a get even if the condition has not been fulfilled since he may have cancelled the condition when he wed her or had intercourse with her. If during the period when the condition to betrothal was still in effect so that they are nor yet betrothed and she accepted betrothal from a second man, she requires a Get from both of them.
A man betrothed a woman with a small coin and added the condition that the betrothal is conditioned upon my giving to you $1000 and thereafter he says he does not want ever to comply with the condition, Beit Din does not compel him to comply with the condition, the betrothal is null and void and she does not require a Get to be free of him. Nevertheless the Shulhan Aruch advises that she receive a Get from the man who betrothed her because her next husband may insist that he will not marry he unless she has a Get from the first man. The second man may fear that the first man cancelled the condition and she is now betrothed to the first man who is doing this out of spite to the woman and the second man.
If the man died before the condition of betrothal was complied with, she may get married without any Chalitza to free her up to get married to another man.
If the condition that the betrothal was based on is for her benefit, she may waive the condition and she is betrothed without any conditions.
Thus if a man betroths a woman conditionally, and then weds her or has intercourse with her without any conditions, she requires a Get even if the condition has not been fulfilled, since he may have cancelled the condition when he wed her or had intercourse with her.
A man was about to go overseas and he betrothed the woman on condition that if he returns within 12 months the betrothal shall be valid as of now, and if not the betrothal is not effective. Before he left, both the man and the woman agreed to prolong the time of the condition to 18 months and he was away more than 12 months and returned before the 18 months were completed. She is betrothed to him. The latter condition has been complied with.
All conditions of betrothal the party who stands to benefit from the condition may waive the condition and say the betrothal is effective without the condition. Thus if they are for the benefit of the party for example “you are betrothed to me on condition that within 30 days I give to you $1,000” she may waive the condition and she is betrothed without having received the $1,000. Or conversely he says you are betrothed unto me on condition that you are a good baker, and she does know how to bake, he may waive the condition and she is now betrothed although she does not know how to bake. In the next lesson we shall IYH discuss that the man says to the woman you are betrothed unto me on condition that you have no vows or defects.

• Other Jewish Law
• Lesson # 579 Going Out of Business Sale
• Lesson # 578 Pit Damage (cont.)
• Lesson # 576 Pit Damage