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Week 90 - Sunday - 12 August 2001

KIDDUSHIN: CHAPTER 3: MISHNAH 2

If one says to a woman, "Behold, you are betrothed to me, on condition that I give you two hundred zuz" - then she is betrothed, and he gives. "On condition that I will give you from now until thirty days," if he gave her within thirty - she is betrothed. And if not - she is not betrothed. "On condition that I have two hundred zuz" - then she is betrothed, and he has. "On condition that I will show you two hundred zuz" - then she is betrothed, and he will show her. And if he showed her on the table, she is not betrothed.

Kehati

This mishnah discusses conditional kiddushin. It was taught, regarding divorce, that if a person says "on condition," it is considered as if he had said, "from now" (Mishnah, Git. 7:5); Our mishnah teaches that this is also the law regarding kiddushin, i.e., if a person says to a woman, "Behold, you are betrothed to me on condition," when the condition is fulfilled then she is betrothed from the time of kiddushin.

One who says to a woman, "Behold, you are betrothed to me - with this perutah, on condition that I give you two hundred zuz" - then she is betrothed - from now, if he fulfills the condition, and he gives - her the two hundred zuz, since when a person says "on condition," it is regarded as if he had said, "from now," And therefore if a second person betrothed her before the first fulfilled his condition, and afterwards he fulfilled it, the second person's kiddushin is not valid. And if he says to her, "Behold, you are betrothed to me - On condition that I will give you two hundred zuz from now until thirty days" he places a time limit on the fulfillment of his condition, if he gave her within thirty - days from the time that he performed kiddushin, she is betrothed since he fulfilled his condition.

And if not - if the thirty days pass and he does not give her two hundred zuz, she is not betrothed - we do not say that the husband intended only to motivate himself to act quickly and this is not a condition, but rather, since he made the condition at the time of the kiddushin, if he does not fulfill it, the kiddushin is not valid (Gemara).

And if he said to her, "Behold, you are betrothed to me - "On condition that I have two hundred zuz," then she is betrothed, and he has - i.e., if it can be shown that he has two hundred zuz, (through the testimony of witnesses, for example), then she is betrothed. If, however, it cannot be shown - she is betrothed "in doubt" since it is possible that he has money and intends to cause her difficulties should she marry another.

And if he says to her, "Behold, you are betrothed to me - "On condition that I will show you two hundred zuz" - then she is betrothed - from now, and he will show her - if he shows her two hundred zuz of his own money; the testimony of the witnesses is of no avail, since she has to see the money with her own eyes, in accordance with his condition.

And if he showed her on the table - he is a money-changer, and he shows her two hundred zuz, belonging to others, on his table; even though he received them from others for investment she is not betrothed - since she only agreed to kiddushin on condition that the money was his.

KIDDUSHIN: CHAPTER 3: MISHNAH 3

"On condition that I have a bet kor of earth" - then she is betrothed, and he has. On condition that I have in a certain place," if he has in that place - she is betrothed. And if not - she is not betrothed. "On condition that I will show you a bet kor of earth" - then she is betrothed, and he will show her. And if he showed her in the valley - she is not betrothed.

Kehati

The mishnah continues to teach the laws of conditional kiddushin.

One who says to a woman, Behold, you are betrothed to me - On condition that I have a bet kor of earth - a field whose size is a bet kor, which is an area in which 30 se'ahs are planted, i.e., a field the size of 7,500 square cubits, then she is betrothed, and he has - if there are witnesses who testify that he has a bet kor of earth, then she is betrothed, and if it is not known whether he has, then she is betrothed "in doubt," as was taught in the preceding mishnah in the case of the two hundred zuz. Although land ownership which is recognized and known by all, differs from money, which can be hidden away and later retrieved to cause her difficulty, nevertheless in both cases the kiddushin is considered "in doubt."

If he says to her, "Behold, you are betrothed to me - On condition that I have - a bet kor of earth - in a certain place," if he has in that place - she is betrothed. And if not - if he does not have in the specific place he mentioned to her, even though he has in another place, she is not betrothed.

And if he says, "Behold, you are betrothed to me - "On condition that I will show you a bet kor of earth" - then she is betrothed, and he will show her - even though it is known that he has, the kiddushin is not effective until he shows her. And if he showed her in the valley - a bet kor of earth, which is not his; the Gemara explains, even if he purchased its produce, or he is a sharecropper she is not betrothed - for she intended that the bet kor of earth be his.

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