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Week 89 - Wednesday - 8 August 2001

KIDDUSHIN: CHAPTER 2: MISHNAH 4

One who says to his agent, "Go and betroth for me a certain woman in a certain place" and he went and betrothed her in another place - she is not betrothed; "Behold, she is in a certain place," and he betrothed her in another place - then she is betrothed.

Kehati

It is taught in Tractate Gittin (6:3): "One who says, 'Give this writ of divorce to my wife in a certain place,' and he gave it to her in another place - it is invalid; 'Behold, she is in a certain place,' and he gave it to her in another place - it is valid." Our mishnah teaches that the law is the same for kiddushin.

One who says to his agent, "Go and betroth for me a certain woman in a certain place," and he went and betrothed her in another place - the agent did not follow the instructions of the person who sent him, she is not betrothed - since the sender was precise in his words and specified that the kiddushin be conducted only in a certain place, either because he has friends in that place who would speak favorably of him, or for some other reason, and he did not want his agent to betroth her in another place. Therefore, when the agent went and betrothed her in another place, the kiddushin is not valid;

However, if he said to his agent: "Behold, she is in a certain place" - he did not say to him, "Go forth and betroth for me a certain woman in a certain place," but rather "Betroth for me a certain woman, and she is in a certain place," and the agent went - and he betrothed her in another place - he found her in another place, and he betrothed her there, then she is betrothed - for he did not make the kiddushin conditional upon a specific place, but only intended to advise the agent of her whereabouts so that he could find her. Therefore, wherever the agent finds her and betroths her on behalf of the sender, the kiddushin is valid.

KIDDUSHIN: CHAPTER 2: MISHNAH 5

One who betroths a woman on the condition that she is not bound by vows, and it is found that she is bound by vows, she is not betrothed. If he weds her without stipulation, and it is found that she is bound by vows - she goes out without a ketubah. On the condition that she has no defects, and she is found to have defects - she is not betrothed. If he weds her without stipulation, and she is found to have defects - she goes out without a ketubah. All defects that disqualify priests, disqualify women.

Kehati

This mishnah, which also appears in Tractate Ketubot (7:7), is cited here together with the laws of kiddushin made under false pretenses, to teach that if a man betroths a woman on the condition that she is not bound by vows, and it is discovered that she is bound by vows, or on the condition that she does not have any defects, and she is found to have defects, then the kiddushin is not valid.

One who betroths a woman on the condition that she is not bound by vows, and it is found that she is bound by vows - the Gemara in Ketubot (72b) explains that our mishnah refers to vows which upset the husband, for example, if she vowed not to eat meat or not to drink wine, or that she would not adorn herself with colored garments, she is not betrothed - the kiddushin was in error, since the vows which she made prior to her betrothal are binding and cannot be annulled by her husband, and even though a Sage may release her from them, a husband does not want his wife to humble herself before a Court (Hameiri).

If he weds her - performs nisu'in - without stipulation, and it is found that she is bound by vows - of the type mentioned above, which upset the husband, she goes out - is divorced - without a ketubah - even if he betrothed her (kiddushin) on the condition that she is not bound by vows, and later married her (nisu'in) without mentioning his condition, she requires a get (writ of divorce), because we say, "a person will not engage in a licentious sexual union," and he therefore undoubtedly waived his prior condition and engaged in sexual relations in order to consummate the marriage, even if she was bound by vows. She forfeits her ketubah, however, since her husband can say, that he does not waive his condition with regard to money and she cannot collect her ketubah without proof to the contrary. Similarly, in a case in which he betrothed and wed her without stipulating conditions, and it was later found that she is bound by vows, she goes out without a ketubah, because the husband can claim, "I do not desire a wife who makes vows, and my acquisition was made in error. A get is nevertheless required. Similarly, if a person betroths a woman -

On condition that she has no defects, and she is found to have defects - which invalidate women, as will be explained, - she is not betrothed since his condition was not fulfilled, it is considered a case of kiddushin conducted under false pretenses.

If he wed her without stipulation - as was explained above with regard to vows, and she is found to have defects - and the husband claims that the kiddushin took place under false pretenses - she goes out without a ketubah - whether he wed her without stipulation, or whether he betrothed her on the condition that she has no defects and later wed her without stipulation: in either case, she must be divorced with a get, and he is not obligated to pay her ketubah.

All defects that disqualify priests - as listed in Tractate Bekhorot, chap. 7, where it is explained that the priests who have these defects are unfit for serving in the Temple, as it is written, "Whoever he be of your seed throughout their generations that has a blemish, let him not approach" (Lev. 21:17), disqualify women - if these defects are found in a woman whose husband married her without stipulation, she can be divorced without receiving her ketubah; but if he betrothed her on the condition that she has no defects, and has not yet married her, or had already wed her and repeated his condition again at the time of the nisu'in, no divorce is required, since this is a case of kiddushin in error.

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