Chapter Overview
Chapter 6 introduces one of the most important legal mechanisms in Jewish law:
Tenai (conditional stipulation).
The Rambam explains:
- When a condition is valid.
- The four requirements of a valid condition.
- Conditions that violate Torah law.
- The meaning of “me’achshav” (“from now”) and “al menat” (“on condition that”).
- When a condition delays Kiddushin and when it operates retroactively.
These rules apply not only to Kiddushin, but also to:
- Divorce
- Sales
- Gifts
- Financial agreements
Halachah 1 – Conditional Kiddushin
A man may say:
“You are betrothed to me if…”
If the condition is fulfilled:
- The Kiddushin take effect.
If it is not fulfilled:
- The Kiddushin do not take effect.
This applies whether:
- The man made the condition.
- The woman made the condition.
Halachah 2 – Four Requirements of a Valid Condition
Every valid condition must contain four elements.
1. Double Condition (Tenai Kaful)
He must state both possibilities:
- If X happens, Kiddushin applies.
- If X does not happen, Kiddushin does not apply.
2. Positive Before Negative
The favorable outcome must be stated first.
3. Condition Before Action
The condition must be stated before the act of Kiddushin.
4. Possible Fulfillment
The condition must be realistically achievable.
If even one of these elements is missing:
The condition is void.
The act itself remains valid.
Halachah 3 – Model Tenai
Example:
“If you give me 200 zuz, you are betrothed to me; if not, you are not betrothed.”
Then he gives her the Kiddushin money.
This fulfills all four requirements.
Result:
- Give 200 zuz → Kiddushin.
- Do not give 200 zuz → No Kiddushin.
Halachah 4 – Condition After the Act
If he first gives the Kiddushin money and only afterward mentions the condition:
The condition is ignored.
The Kiddushin become effective immediately.
Even if the entire conversation occurs within a few seconds.
Halachot 5-6 – Missing Formal Requirements
If he says only:
“If you give me 200 zuz, you are betrothed”
without saying the opposite outcome,
or states the negative clause before the positive clause,
the condition fails.
The Kiddushin remain fully valid.
Halachah 7 – Impossible Conditions
A condition must be possible.
Example:
“If you ascend to Heaven.”
“If you descend into the depths.”
Such conditions are treated as nonsense.
The condition is discarded and the Kiddushin stand.
Halachah 8 – Conditions Involving Sin
A fascinating distinction:
If he says:
“If you eat forbidden fat, you are betrothed.”
The condition is valid.
Why?
Because she can choose:
- To commit the act.
- Or not to commit it.
The condition is technically possible.
The Torah prohibition does not invalidate the legal structure of the condition.
Halachot 9-10 – Conditions Against the Torah
The rule:
“One who stipulates against Torah law, his condition is void.”
Applies when he attempts to remove Torah obligations.
For example:
Financial Obligations
If he marries her on condition that he owes no support obligations:
Certain monetary rights may be waived.
Non-Monetary Torah Obligations
If he says:
“I marry you on condition that I owe no marital intimacy.”
The condition fails.
The marriage stands.
The obligation remains.
A person cannot nullify Torah obligations through a private agreement.
Halachah 11 – Conditions Beyond Her Control
If he conditions Kiddushin on something requiring another person’s prohibited action:
For example:
Relations with a forbidden relative.
The condition is impossible.
Its fulfillment is not within her legal control.
Therefore:
The condition is void.
Halachah 12 – Conditions Depending on Others
By contrast:
“If a certain person gives me his field.”
or
“If he marries his daughter to my son.”
These conditions are valid.
Because she can potentially persuade or compensate that person to agree.
Fulfillment is conceivable.
Halachah 13 – General Rule
The Rambam pauses to summarize:
Whenever you encounter a condition in:
- Kiddushin
- Divorce
- Sales
- Gifts
check for the four requirements.
If any are missing:
There is no valid condition.
Halachah 14 – Rambam’s Disagreement with Some Geonim
Some later Geonim argued:
The requirement for a double condition applies only to:
- Kiddushin
- Divorce
not ordinary financial transactions.
The Rambam strongly disagrees.
He notes that the source is:
The condition of the tribes of Reuven and Gad.
That precedent involved land agreements, not marriage or divorce.
Therefore the four rules apply broadly.
Halachah 15 – When Does Conditional Kiddushin Take Effect?
Ordinarily:
The Kiddushin become effective only when the condition is fulfilled.
Example:
- Kiddushin money given in Nissan.
- Condition fulfilled in Tishrei.
The marriage begins:
In Tishrei.
Not earlier.
Therefore if another man betroths her before Tishrei:
His Kiddushin may be valid.
Halachot 16-18 – “Me’achshav” and “Al Menat”
A major exception exists.
If he says:
“You are betrothed to me from now if…”
(me’achshav)
or
“You are betrothed to me on condition that…”
(al menat)
then fulfillment works retroactively.
When the condition is eventually fulfilled:
The Kiddushin are considered effective from the original moment.
Example
He says:
“You are betrothed to me from now if you give me 200 zuz.”
Months later she pays.
The Kiddushin are treated as having begun on day one.
If another man attempted Kiddushin in the meantime:
His Kiddushin are ineffective.
Halachah 17 – Relaxed Rules for “Me’achshav”
When using:
Me’achshav
or
Al menat
the formal requirements are eased.
The Rambam rules:
- No need for double wording.
- No need to place the condition before the act.
The only remaining requirement is:
The condition must be possible.
Halachah 18 – Retroactive Effect
For conditions using al menat, once fulfilled:
- Marriage
- Divorce
- Gifts
- Property transfers
are all considered effective from the original moment the act was performed.
This is one of the most powerful legal mechanisms in Jewish law.
The Four Rules of Tenai
| Requirement | Description |
| Tenai Kaful | State both yes and no outcomes |
| Hen Kodem L’Lav | Positive before negative |
| Tenai Kodem L’Maaseh | Condition before action |
| Efshar L’Kaymo | Must be possible to fulfill |
Chapter Theme
Chapter 6 establishes the Rambam’s comprehensive theory of conditions in Halachah. Drawing from the precedent of Reuven and Gad, he teaches that legal acts can be made contingent upon future events only when properly formulated. The chapter culminates in the powerful concepts of “me’achshav” and “al menat,” which allow a future fulfillment to create legal effects retroactively from the present.