Chapter Overview
Having established the general laws of tenai (conditions) in Chapter 6, the Rambam now applies them to practical cases:
- Conditions based on a father’s approval
- Claims of wealth and property
- Vows and physical defects
- Delayed-effect kiddushin
- Competing kiddushin
- Agency errors
- Cancellation of conditions
A major theme is:
What happens when Kiddushin depends upon facts that may or may not be true?
Halachah 1 – “On Condition My Father Agrees”
The Rambam distinguishes between two formulations:
“On condition that my father agrees”
The father must actively approve.
- Approves → Kiddushin valid
- Refuses → Invalid
- Remains silent → Invalid
- Dies before hearing → Invalid
“On condition that my father does not object”
- If father objects → Invalid
- If father remains silent → Valid
- If father dies → Valid
The wording completely changes the result.
Halachot 2-5 – Conditions About Wealth and Property
A man says:
“You are betrothed to me on condition that I possess 200 zuz.”
or
“On condition that I own a beit kor of land.”
If proven true
Kiddushin are valid.
If proven false
The Rambam often rules:
Safek Kiddushin.
Perhaps he possesses the property but is concealing the fact.
“On Condition I Show You”
This is stricter.
He must actually show her:
- His own money
- His own land
Showing borrowed money, leased property, partnership assets, or someone else’s field does not satisfy the condition.
Halachah 6 – Measuring the Land
When the condition involves a beit kor of land, certain unusable features are excluded:
Examples:
- Large rocky formations
- Deep water-filled depressions
Because they are not productive farmland.
Halachot 7-8 – Conditions About Vows
He says:
“On condition that you have no vows.”
The Rambam identifies three particularly significant vows:
- Not eating meat
- Not drinking wine
- Not wearing cosmetics
If one of these exists:
Kiddushin fail.
If He Said: “No vows whatsoever”
Then even a seemingly minor vow invalidates the condition.
Halachot 9-10 – Conditions About Physical Defects
He says:
“On condition that you have no defects.”
If she possesses a halachically significant blemish:
Kiddushin fail.
The Rambam adopts the list of priestly blemishes and adds others relevant to marriage.
Examples include:
- Offensive odors
- Unusual perspiration
- Bad breath
- Excessively deep voice
- Certain visible scars or marks
Important Distinction: Vows vs. Defects
Vows
If she later obtains annulment from a sage:
Kiddushin become valid.
Because the vow is treated as though it never existed.
Physical Defects
If a physician later cures the defect:
Kiddushin remain invalid.
The defect existed at the time of Kiddushin.
Halachah 10 – When the Condition Applies to the Man
If the man claimed:
- No vows
- No defects
and later removes or cures them,
the Kiddushin remain valid.
The Rambam explains that women generally do not object to a defect that has already been corrected.
Halachot 11-12 – Delayed Kiddushin
Condition: Future Payment
“You are betrothed to me if I give you 200 zuz within 30 days.”
He pays within 30 days:
- Valid.
He fails:
- Invalid.
Delayed Effect
“You are betrothed to me after thirty days.”
The Kiddushin take effect only after thirty days.
Until then either party may withdraw.
Competing Kiddushin
A second man betroths her during those thirty days.
The second Kiddushin prevail.
Why?
Because at that moment she was not yet betrothed to the first man.
Halachah 12 – “From Now and After Thirty Days”
This famous case differs dramatically.
He says:
“You are betrothed to me from now and after thirty days.”
Another man betroths her before the thirty days end.
Result:
Safek Kiddushin to both men.
Both must provide a get.
Multiple Men
If many men successively say:
“From now and after…”
at staggered intervals,
all their Kiddushin create doubt.
She requires a get from each.
Halachah 13 – Excluding One Person
He says:
“You are betrothed to me except for Ploni.”
Meaning everyone is forbidden except one man.
This creates:
Safek Kiddushin.
By contrast:
“On condition you remain permitted to Ploni.”
The condition is impossible.
Therefore it is ignored and the Kiddushin take full effect.
Halachot 14-15 – Something Not Yet Available
A basic rule emerges:
A person cannot create Kiddushin regarding a status he cannot presently create.
Therefore:
Invalid
- After I convert
- After you convert
- After I am freed
- After you are freed
- After your husband dies
- After your sister dies
No Kiddushin take effect.
Yevamah
A yevamah after future chalitzah is a special case.
The Rambam rules:
Safek Kiddushin.
Because Kiddushin may already have some potential legal foothold.
Halachah 16 – Kiddushin of an Unborn Child
One who says:
“If your wife gives birth to a daughter, she is betrothed to me”
has said nothing.
An unborn child generally cannot be betrothed.
If the fetus is visibly developed, however, the Rambam records a more complex ruling and recommends repeating the Kiddushin after birth.
Halachot 17-18 – Large Sums and Valuable Objects
“Be Betrothed with 100 Dinars”
If stated generally:
Kiddushin begin with the first coin.
The remainder becomes an obligation.
“With These 100 Dinars”
Now every coin matters.
Until the full amount is delivered:
No Kiddushin.
A missing or invalid coin defeats the transaction.
Clothing Worth a Certain Value
He says:
“These garments are worth fifty dinars.”
If they truly are worth that amount:
Kiddushin are valid from the beginning.
No subsequent appraisal is needed.
Halachah 19 – Prior Negotiations
Suppose they previously disagreed:
- He proposed 100.
- She demanded 200.
They later become engaged without specifying an amount.
Who determines the terms?
The Rambam follows whoever reopened the negotiations.
That person’s actions indicate acceptance of the other’s position.
Halachot 20-21 – Agents Must Follow Instructions
A shaliach cannot alter his mission.
If instructed:
- To use a condition
- To avoid a condition
- To use a particular place
and he changes the instructions:
The Kiddushin are invalid.
Mere Location Information
However:
“She is located in such-and-such place”
is merely informational.
Changing location then does not invalidate the agency.
Halachah 22 – Immediate Retraction Does Not Work
Once valid Kiddushin occur:
Even withdrawing within toch k’dei dibbur (the normal immediate-response period) does not undo them.
The Kiddushin stand.
Halachah 23 – Cancelling a Condition
A remarkable ruling:
The party who established a condition may later waive it.
Even privately and without witnesses.
Thus:
- Conditional Kiddushin
- Followed by ordinary marriage or relations
may indicate that the condition was abandoned.
The Famous Presumption
The chapter ends with a celebrated principle:
“Ein adam oseh be’ilato be’ilat zenut.”
“A proper Jewish person does not wish his marital relations to be mere promiscuity.”
Therefore, when a couple lives together after defective or doubtful Kiddushin, we often presume they intended a valid marital relationship.
For that reason, a get may still be required.
Key Principles of Chapter 7
| Topic | Rambam’s Rule |
| Father’s approval | Depends on precise wording |
| Wealth/property conditions | Must be genuine and provable |
| Vows | Annulment can retroactively help |
| Defects | Later cure usually does not help |
| Delayed Kiddushin | May allow another Kiddushin first |
| “Me’achshav” | Creates overlapping doubt |
| Agency | Agent must follow instructions exactly |
| Cancelled conditions | Conditions can be waived |
| Subsequent relations | Presumed intended for valid marriage |