008 - הִלְכוֹת אִישׁוּת פֵּרֶק ח

Laws of Marriage, Chapter 8

1. If a man says to a woman, "Be betrothed to me with this cup of wine," and it turns out to be honey; or, "with this cup of honey," and it turns out to be wine; or, "with a silver dinar," and it turns out to be gold; or, "with a gold dinar," and it turns out to be silver; or, "on condition that I am a Kohen," and he is found to be a Levi; or, "a Levi," and he is found to be a Kohen; or, "a Natin," and he is found to be a mamzer; or, "a mamzer," and he is found to be a Natin; or, "a city dweller," and he is found to be a town dweller; or, "a town dweller," and he is found to be a city dweller; or, "on condition that I am rich," and he is found to be poor; or, "poor," and he is found to be rich; or, "on condition that my house is near the bathhouse," and it is found to be far; or, "far," and it is found to be near; or, "on condition that I have a daughter, or a grown maidservant, or a baker," and he does not have; or, "on condition that I do not have," and he does have; or, "on condition that I have a wife and children," and he does not have; or, "on condition that I do not have," and he does have—in all these and similar cases, she is not betrothed. The same applies if she deceived him.

2. In all these cases—even if she says, "In my heart I intended to be betrothed to him, even though he deceived me and the matter is not as he said," and likewise, if he says, "In my heart I intended to betroth her, even though she deceived me"—she is not betrothed. Matters of the heart are not considered matters.

3. If he says to her, "Be betrothed to me on condition that I am a perfumer," and he is found to be both a perfumer and a tanner; or, "on condition that I am a city dweller," and he is found to be both a city dweller and a town dweller; or, "on condition that my name is Yosef," and his name is found to be Yosef and Shimon—she is betrothed. But if he said to her, "On condition that my name is only Yosef," and his name is found to be Yosef and Shimon; or, "that I am only a perfumer," and he is found to be both a perfumer and a tanner; or, "that I am only a city dweller," and he is found to be both a city dweller and a town dweller—she is not betrothed.

4. If a man says to a woman, "Be betrothed to me with this, on condition that I know how to read," he must be able to read the Torah and translate it with the Targum of Onkelos the convert. "On condition that I am a reader," he must know how to read Torah, Prophets, and Writings, with proper precision. "On condition that I know how to study," he must know how to read the Mishnah. "On condition that I am a Tanna," he must know how to read the Mishnah, Sifra, Sifrei, and the Tosefta of Rabbi Chiya.

5. "On condition that I am a student"—this does not mean like Ben Azzai or Ben Zoma, but rather anyone who, when asked a question in his studies, can answer, even if it is in the laws of the festival that are taught publicly from simple matters close to the festival, so that all the people will be proficient in them. "On condition that I am a sage"—this does not mean like Rabbi Akiva and his colleagues, but rather anyone who, when asked a matter of wisdom anywhere, can answer. "On condition that I am mighty"—this does not mean like Avner ben Ner or Yoav, but rather anyone whose companions fear him because of his strength. "On condition that I am rich"—this does not mean like Rabbi Elazar ben Azaryah, but rather anyone whom the people of his city honor because of his wealth. "On condition that I am righteous"—even if he is a complete evildoer—she is betrothed out of doubt, for perhaps he had thoughts of repentance in his mind. "On condition that he is wicked"—even if he is completely righteous—she is betrothed out of doubt, for perhaps he had thoughts of idol worship in his mind, for the sin of idol worship is great, and once a person contemplates serving it in his heart, he is considered wicked, as it is said, "Lest your heart be seduced" (Devarim 11:16), and it is written, "In order to seize the house of Israel in their hearts" (Yechezkel 14:5).

6. If a man betroths a woman and says, "I thought she was a Kohenes, but she is a Leviya; a Leviya, but she is a Kohenes; poor, but she is rich; rich, but she is poor"—she is betrothed, because he was not deceived. Likewise, if she says, "I thought he was a Kohen, but he is a Levi; a Levi, but he is a Kohen; rich, but he is poor; poor, but he is rich"—she is betrothed, because he did not deceive her.