Published November 12, 2009
The Talmud and the codes discuss betrothal on condition and also along the way discuss conditions in other types of agreements. These are the topics of these current lessons.
A man said to a woman become betrothed unto me with this coin, “on condition that I will act as your workman.” Or “I will speak on your behalf to the governor.” If there are witnesses that he acted as her workman or he did speak to the governor on her behalf, she is surely betrothed to him. If there are no witnesses except his word that he did these things, then she is doubtfully betrothed to him.
A man gave nothing to the woman but said to her “become betrothed to me for the value of the work that I shall do on your behalf,” or “will speak on your behalf to the governor,” she is not betrothed. The reason is that wages are earned as he progresses in his work and it is thus the same as betrothing her with a promissory note.
A man said to a woman “be betrothed unto me on condition that I have a net worth of $1000.”- If it is known by way of witnesses that he has a net worth of $1000, the betrothal is valid. If there are no such witnesses she is doubtfully betrothed to him even if he admits that he does not have such a net worth.
A man said to a woman “be betrothed unto me on condition that I have $1000 that is being held for me by my friend Shimon.” If there are witnesses that he has deposited with his friend Shimon $1000 there is a valid betrothal. If it is not known if he has $1000 deposited with Shimon, there is doubtful kiddushin. This holds true even is Shimon declares that the man has nothing on deposit with him.
A man said to a woman “be betrothed unto me on condition that Shimon says that I have $1000 on deposit with him.” - If Shimon so states there is a valid betrothal. If Shimon does not so state, there is no valid betrothal.
A man states that he betroths the woman “on condition that he has $1000 in a certain location.” If he has such money in that place there is a valid betrothal. If he does not have money in the place that he stated there is a doubtful betrothal. We suspect that he may have the money there but said he does not have it to make matters bad for the woman.
A man states to a woman “be betrothed to me on condition that I show you $1000,” she is not betrothed to him until he shows her the $1000 that belongs to him. If he shows her $1000 but it does not belong to him there is no valid betrothal even if he shows her money deposited with him by business associates. This holds true even if his share of the business profits is $1000, there is no valid betrothal. If he showed her $1000 although he owes $1000 to a creditor who has a lien on the $1000, the betrothal is valid. If he did not have the money when he spoke to her but afterwards he earned the money and showed it to her, there is an opinion that the betrothal is valid.
If he stated to her that “I have $1000” and he does not have it, the betrothal is not valid.
A man said to a woman “become betrothed unto me on condition that I own a beis kor (about 5-6 acres of land)” she is betrothed providing he owns such an amount of land as can be attested to by two witnesses. If there are not two witnesses there is a betrothal in doubt; perhaps he does own such a piece of land and now states that he does not own it in order to make matters bad for the woman.
A man said to a woman “become betrothed unto me on condition that I show to you a beis kor of land.” If he shows her such an area the betrothal is valid. If he show her land that he leases from others or he is working as sharecropper, the betrothal is not valid. The land must be located in one place and cannot have crevices or other things wrong that would make the land not usable as an entire beis kor.
A man betrothed a woman on “condition that he is wealthy” and it turns out he is poor or he betrothed her “on condition that he is poor” and it turns out he is rich, or “on condition that he is a kohen” and he is a Levi; or that “he is a Levi” and he is a Kohen, or “he is a city dweller” and he lives in a rural area or that “his home is close to the bathhouse” and it is far away, or that “his house is far away from the bathhouse” and it is really close to it. On condition “that he has a maid servant” or “a grown daughter” or “he has a baker” and he has none of these things or in all of these cases he stipulated that he does not have and he really does have, or he betrothed her with what he said was a cupful of wine and it was found to contain honey, or he stated it was a cup of honey and it was a cupful of wine; in all of these cases and similar cases there is no valid betrothal even if she states that I made up my mind to become betrothed in all of these situations even if the condition was not fulfilled; there is not a valid betrothal. It does not matter whether she in person accepted the betrothal or is it was done by way of her agent.
If a man betrothed a woman and thereafter stated “I betrothed her thinking she was from the tribe of Kohanim” and she is from the tribe of Levi; or “that she was from the tribe of Levi” and it turns out she is from the tribe of Kohanim; or else he now says “I betrothed her thinking that she was rich” and she is really poor; or “she was poor” and it turns out she is rich, in all of these cases the betrothal is valid.
We see from these cases and laws that there are some conditions that the betrothal depends upon the condition being fulfilled and other conditions that deal mostly with a state of mind and some of these conditions will be disregarded. More on these conditions IYH in the next lesson.
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