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7 β[1] [The following rules apply when a man] tells a woman: "Behold, you are consecrated to me on condition that my father will consent." If his father consents, she is consecrated. If he does not consent, if he remained silent, or if he died before he heard of the matter, she is not consecrated.
[If the man tells her: "Behold, you are consecrated to me] on condition that my father does not object." If he hears and objects, she is not consecrated. If he does not object or he dies, she is consecrated. If the son dies, and the father hears afterwards, we instruct the father to say: "I do not consent," so the *kiddushin* will not be effective, and the woman will not be obligated to undergo the rites of *yibbum*. β[2] [The following rules apply when a man] tells a woman: "Behold, you are consecrated to me with this [item] on condition that I possess 200 *zuz* or land on which it is fit to grow a *kor* of grain." If there are witnesses who say that he possesses these entities, the *kiddushin* are binding. If there are no witnesses, [the *kiddushin* are not nullified entirely; instead,] their status is doubtful. Perhaps he possesses these entities and says he does not own them in order to cause the woman difficulties. β[3] [The following rules apply when he tells her:] "Behold, you are consecrated to me with this [item] on condition that I possess 200 *zuz* or land on which it is fit to grow a *kor* of grain in a particular place." If he possesses these entities in that place, the *kiddushin* are binding. If he does not possess these entities in the place he specified, [the *kiddushin* are not nullified entirely; instead,] their status is doubtful. Perhaps he possesses these entities in that place [and says he does not own them] in order to cause the woman difficulties. β[4] [The following rules apply when he tells her:] "Behold, you are consecrated to me with this [item] on condition that I show you 200 *zuz* or land on which it is fit to grow a *kor* of grain." When he shows her these entities, she is consecrated. If he shows her money that is possessed by someone else or land on which it is fit to grow a *kor* of grain in a field belonging to someone else, she is not consecrated; he [must] show her what belongs to him.
If he borrowed the money, rented a field or took it on a sharecropping arrangement and showed it to her, she is not consecrated; he [must] show her what belongs to him. For when he says "I will show you," that implies that "I will show you the entity I mentioned that belongs to me and is in my possession." β[5] [The following rules apply when] the man owns land on which it is fit to grow a *kor* of grain, but it contains clefts ten handbreadths deep or rocks ten handbreadths high. If the clefts are filled with water, they are considered to be rocks and are not included in the total measure, because they are not fit to be sown. If they are not filled with water, they are included in the total measure, because they are fit to be sown. β[6] [The following rules apply when a man] tells a woman: "Behold, you are consecrated to me with this [item] on condition that you are not bound by vows." The *kiddushin* are not binding if she is bound by any of the following three vows: that she may not eat meat, that she may not drink wine, or that she may not wear colored ornaments. If she is bound by any vow other than these, she is consecrated, even when [the husband] states: "I object even with regard to these."
If he told her, "[Behold, you are consecrated...] on condition that you are not bound by **any** vow," even if she has made a vow [as insignificant as] not to eat carobs, she is not consecrated. β[7] [The following rules apply when a man tells a woman:] "Behold, you are consecrated to me with this [item] on condition that you do not have any physical blemishes." If she has one of the physical blemishes that cause a woman to be deemed unfit [as a wife], she is not consecrated. If she has a physical blemish other than these, she is consecrated, even though he states, "I object even with regard to these."
What are the physical blemishes that cause a woman to be deemed unfit [as a wife]: All the physical blemishes that cause a priest to be deemed unfit [for service in the Temple] cause a woman to be deemed unfit. In *Hilchot Bi'at HaMikdash*, all the blemishes affecting the priests are explained. In addition, [there are other blemishes that cause] women [to be deemed unfit]. They include: foul body odor, [excessive] sweating, foul breath, deep voice, breasts of abnormal size, being more than a handbreadth larger than those of other women, a distance of more than a handbreadth between one breast and the other, a scar in the place where she was bit by a dog, and a birthmark on her forehead.
This includes even a birthmark that is very small, even if it is close to her hairline, and even if there are no hairs growing from it. This is the birthmark that is mentioned as a disqualifying factor for a woman and not for a priest. If, however, a birthmark has facial hair growing from it, or if it is as large as an *isar* even when no hair grows from it, it is a disqualifying blemish, both for priests and for women. β[8] When a man consecrates a woman without making any specific stipulations, and it is discovered that she has one of the physical blemishes that cause a woman to be deemed unfit, or [it is discovered that] she is bound by one of the three vows mentioned above, the status of the *kiddushin* is in doubt.
If [a man] consecrates [a woman] on condition that she is not bound by vows, and she was bound by vows, but [afterwards,] she went to a wise man who nullified them for her, she is consecrated. β[9] If [a man] consecrates [a woman] on condition that she does not have physical blemishes, and she does have blemishes, she is not consecrated, even if [afterwards,] she goes to a physician who heals these blemishes.
When, by contrast, a man enters into a marriage contract on condition that he is not bound by any vows, and that he does not have any physical blemishes, although he is indeed bound by vows and has physical blemishes, if he goes to a wise man who nullifies the vows, and if he goes to a physician who heals the blemishes, the marriage is valid. [The rationale is that] there is no shame for a man to have had physical blemishes once they have been healed. A woman will not object because of such a thing. β[10] [The following rules apply when a man tells a woman:] "Behold, you are consecrated to me with this [item] on condition that I give you 200 *zuz* within 30 days." If he gives her [the money] within 30 days, she is consecrated. If 30 days pass without him giving it to her, she is not consecrated.
[If a man tells a woman,] "Behold, you are consecrated to me with these *zuz* after 30 days," she is consecrated after 30 days, even though she used the money within the 30 days. If either he or she change their minds [and decide to nullify the marriage] within these 30 days, she is not consecrated. β[11] If another man comes and consecrates her within these 30 days, she is consecrated to the second man forever. [The rationale is] that at the time the second man consecrated her, she was not consecrated. Therefore, the second man's *kiddushin* are binding and make her a married woman. Thus, after the 30 days pass and the first man's *kiddushin* are fit to take effect, she is already a married woman. It is thus as if the first man consecrated a married woman, in which case the *kiddushin* are not binding. β[12] [The following rules apply when a man] tells a woman: "Behold, you are consecrated to me with this *dinar* from this time onward, and after 30 days," and another person consecrates her within the 30 days. [There is doubt regarding the matter, and] both [men] are considered as having established *kiddushin* that may possibly be binding. Therefore, both are required to divorce her. The divorce may be given within the [original] 30 days or afterwards.
[Should one man tell a woman,] "Behold, you are consecrated to me from this time onward, and after 30 days"; and another man comes and tells her, "Behold, you are consecrated to me from this time onward, and after 20 days," and another man comes and tells her, "Behold, you are consecrated to me from this time onward, and after 10 days," [there is doubt regarding the matter, and] all [the men] are considered as having established *kiddushin* [that may possibly] be binding, and every one must divorce her. [Indeed, these rules apply] even when a hundred men consecrate her in this manner. β[13] When [a man] tells a woman, "Behold, you are consecrated to me [and these *kiddushin* apply to everyone] with the exception of so and so" - i.e., that she should not be forbidden to have relations with him - with regard to everyone else she should be considered a married woman, but with regard to him she should be considered to be single - there is doubt regarding the status of the *kiddushin*.
If, however, he tells her, "Behold, you are consecrated to me on condition that you are permitted to so and so," she is consecrated, and she is forbidden to that person as she is forbidden to all others. [The rationale is that] he has made a condition that is impossible to fulfill. β[14] When [a man] gives two *p'rutot* to a woman and tells her: "Behold, you are consecrated to me with one today, and with the other after I divorce you," she is consecrated. When he divorces her, she becomes consecrated to him again until he divorces her a second time, because of the *kiddushin* established by the second *p'rutah*.
If, however, [a man] tells a woman: "Behold, you are consecrated to me with this [item] after I convert," "...after you convert," "...after I become freed [from servitude]," "...after you become freed [from servitude]," "...after your husband dies," or "...after your sister dies," she is not consecrated. [The rationale is] that he cannot consecrate her now. β[15] When [a man] tells a *yevamah*: "Behold, you are consecrated to me with this [item] after your *yavam* performs *chalitzah* for you," she is consecrated. [The rationale is] that even if he consecrated her at present, the *kiddushin* would be [at least] of a doubtful status. β[16] When a man tells a friend, "If your wife gives birth to a girl, [the girl] is consecrated to me with this [item]," his statements are of no consequence. If the friend's wife is pregnant, and the existence of a fetus has been recognized, [the girl] is consecrated. [Nevertheless,] it appears to me that [the man] must consecrate [his bride] again via her father after she is born, so that she will enter a marriage bond about which there are no questions. β[17] When [a man] tells a woman: "Behold, you are consecrated to me with 100 *dinarim*," and gives her at least one *dinar*, she is consecrated, provided he gives her the entire sum. It is as if he told her, "Behold, you are consecrated to me with this *dinar* on condition that I give you 100 *dinarim*." [In such an instance,] the *kiddushin* take effect from [the time he gave her the first *dinar*].
When does the above apply? When he told her "with 100 *dinarim*" without specifying [any particular *dinarim*]. If, however, he is more explicit and tells her, "Behold, you are consecrated to me with these 100 *dinarim*," and begins counting them out into her hand, she is not consecrated until he gives her [all 100]. Either of them may retract their consent until the very last *dinar* is given.
Similarly, if one of the *dinarim* was found lacking the standard weight, or one was a *dinar* of brass, she is not consecrated. [The following rules apply when] one of the *dinarim* was inferior: If it would be accepted with difficulty, [the *kiddushin* are valid, provided] he exchanges it. If it would not [be accepted], the *kiddushin* are of no consequence. β[18] [The following rules apply when a man] tells [a woman]: "Behold, you are consecrated to me with these clothes that are worth 50 *dinarim*." When they are silk or of similar fabrics that a woman would desire, and they are worth 50 [*dinarim*], the woman is consecrated from the time she took them onward. There is no need that they be evaluated in the market, and only afterwards, when the woman is assured [of their value], will she be consecrated. Instead, since they are worth the amount he states, she is consecrated from the time of the initial [exchange]. If they are not worth [that amount], she is not consecrated. β[19] A man and a woman were discussing the subject of their consecration, he saying: "I will consecrate you with 100 *dinarim*," and she saying: "I will not be consecrated for less than 200 [*dinarim*]." [Since they did not agree,] they both went home.
[The following rules apply when] afterwards, [either the man or the woman requested the other [to reconsider], and the man consecrated her without specifying a sum. If the man made the request of the woman, the sum [originally] quoted by the woman is accepted. If the woman made the request of the man, the sum [originally] quoted by the man is accepted. β[20] When a man appoints an agent to consecrate a woman, and the agent consecrates her on the basis of a conditional agreement, the *kiddushin* are not valid. Similarly, if [the principal] instructed the agent to consecrate the woman on the basis of a conditional agreement, and he consecrated her without making any stipulation whatsoever, or made another stipulation or changed the stipulation stated by the principal, the *kiddushin* are not valid. β[21] When [the principal] tells the agent: "Consecrate her in this and this place," and the agent consecrated her in another place, the *kiddushin* are not valid. [If the principal tells the agent:] "Consecrate her for me. She is in this and this place," and the agent goes and consecrates her in another place, she is consecrated; he is merely suggesting to him the place [where she might be found].
Similarly, if [the woman] tells her agent, "Receive *kiddushin* for me in this and this place," and the agent received them for her in another place, the *kiddushin* are not valid. [If she told her agent: "Receive *kiddushin* for me. My prospective] husband is in this and this place," and [the agent] receives the *kiddushin* in another place, she is consecrated; she is merely suggesting to him the place [where he might be found]. β[22] When [a man] consecrates a woman, but he or she desires to retract immediately - even if the retraction is made within a very short amount of time - the retraction is of no consequence and the woman is consecrated. β[23] When [a man] consecrates [a woman] and attaches a condition [to the *kiddushin*], and after several days changes his mind and nullifies the condition, the condition is of no consequence and it is as if the woman had been consecrated without any condition ever having been made. [This law applies] even when he nullifies the condition in the presence of his intended bride alone, without this being observed by witnesses. Similarly, if the woman was the one who attached a condition to the *kiddushin*, and afterwards nullified it in the presence of her prospective husband alone, the condition is of no consequence.
Therefore, if [a man] consecrated [a woman] and attached a condition [to the *kiddushin*], and afterwards, brought her [to the *chuppah*] without mentioning the condition, or engaged in sexual relations with her without mentioning the condition, she must receive a divorce [before she marries another man] even though the condition was never fulfilled. [The rationale is that] perhaps [the man] nullified the condition when he brought her [to the *chuppah*] or when he engaged in sexual relations with her.
Similarly, when [a man] consecrates a woman with [an article] worth less than a *p'rutah* or with a loan, and then engages in sexual relations [with this woman] in the presence of witnesses, without making a statement of intent, the woman must receive a divorce [before she marries another man]. [The rationale is that] perhaps [the man intended to consecrate her through these relations] and relied on them, rather than on the *kiddushin* that are inadequate.
[The principle on which these rulings depend is:] It is an accepted presumption that no virtuous Jewish man will enter into sexual relations that are wanton when he has the potential to engage in these relations in a way that is a mitzvah.
Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI
License: CC-BY-NC