REVACH L'DAF
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SUMMARY
According to Rav if the first person is Mekadesh a woman from now and after 30 days and the second person is Mekadesh her from now and after 20 days and the third person is Mekadesh her from now and after 10 days she needs a Get from the first and third Kidushin, but not from the second. (1)
R. Yochanan says that she needs a Get from all of them even if there are one hundred because each Kidushin goes into effect partially.
If someone gives a Get from today and after death it is a Safek Get and if he dies she requires Chalitzah, but she may not do Yibum. (2)
If someone gives a Get from today if I die it is a valid Get. (3)
If someone is Mekadesh a woman on condition that he gives her 200 Zuz it is a valid Kidushin and he must give her the money.
If someone is Mekadesh a woman on condition that he gives her 200 Zuz within thirty days, if he gave her the money within thirty days it is a valid Kidushin.
If someone is Mekadesh a woman on condition that he has 200 Zuz if he has the money it is a definite Kidushin and if not it is a Safek Kidushin. (4)
If someone is Mekadesh a woman on condition on condition that he will show her 200 Zuz, if he shows her the money it is a valid Kidushin. (5)
R. Huna holds that if he is Mekadesh her on condition that he will give her money the Kidushin goes into effect immediately as long as he eventually gives the money, while R. Yehudah holds that the Kidushin only goes into effect when the money is given.
If she accepts Kidushin from a second person before the money is given, according to R. Huna she is Mekudeshes to the first person, while R. Yehudah holds that she is Mekudeshes to the second person.
R. Huna holds if a husband gives a Get to his wife on condition that she gives him money the Get goes into effect immediately as long as she eventually gives the money, while R. Yehudah holds that the Get only goes into effect when the money is given. (6)
According to R. Huna if the Get is torn or lost before the money is given it is a valid Get, while R. Yehudah holds that it is not a valid Get
The Tanah Kamah holds that if a husband gives a Get to his wife on condition that she gives him money if he dies before she gives the money it is not a Get, while R. Shimon Ben Gamliel holds that she may give the money to one of his relatives and the Get goes into effect retroactively. (7)
R. Huna says in the name of Rebbe that when one says on condition it is as if he is saying right now. (8)
If someone gives a Get to his wife from today and after death, according to the Tanah Kamah it is a Safek Get, while Rebbe holds it is a definite Get.
If someone is Mekadesh a woman on condition that he has a Bais Kor of dirt if he has a Bais Kor it is a definite Kidushin and if not it is a Safek Kidushin.
If someone is Mekadesh a woman on condition that he has a Bais Kor of dirt in a certain place if he has a Bais Kor in that place it is a Kidushin.
If someone is Mekadesh a woman on condition that he shows her a Bais Kor of dirt if he shows her a Bais Kor of dirt that is owned by him it is a Kidushin.
A BIT MORE
1. Rav holds that when someone is Mekadesh a woman from now and after 30 days it is a Safek if it is a condition or a retraction; if it is a condition she is Mekudeshes to the first person and if it is a retraction she is Mekudeshes to the third person.
2. This is the opinion of the Chachamim who hold that it is a Safek if he is making a condition that if he dies it shall be a Get retroactively from today, or if it is a retraction that the Get shall go into effect after death and a Get can’t go into effect after death, therefore it is a Safek if it is a Get and she does Chalitzah, not Yibum.
3. This case is definitely a condition and therefore when he dies it goes into effectively retroactively from today.
4. If there are witnesses that he has the money it is a definite Kidushin and if there are no witnesses it is a Safek Kidushin because maybe he has the money and we just don’t know about it.
5. The money that he shows her must be his own money; if he is a money changer and he shows her money on the table that doesn’t belong to him it is not a Kidushin even if the money was given to him to invest and to split the profits.
6. However, even according to R. Huna she may not remarry until she gives the money.
7. Everyone agrees that when she gives the money the Get goes into effect retroactively, however the Tanah Kamah holds that he did not have in mind that she can give it to his inheritors, while R. Shimon Ben Gamliel holds that he did have in mind that she can give the money to his inheritors.
8. R. Huna holds that even the Chachamim agree that a condition works retroactively, while R. Yehudah holds that the Chachamim argue with Rebbe and they hold that a condition doesn’t go into effect retroactively.
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BRIEF INSIGHT
SHOWING OFF WEALTH
If someone is Mekadesh a woman on condition that he has 200 Zuz, or on condition that he will show her 200 Zuz it is a valid Kidushin if he has the money or if he shows her the money. When he is Mekadesh a woman on condition that he has 200 Zuz even if the money is in a distant country it is a Kidushin because he did not say that he will show her the money, however when he is Mekadesh he on condition that he will show her the money, even if he has witnesses who testify to her that he owns the money it is not sufficient and he must actually show her the money. (Ran and Tur)
QUICK HALACHAH
KIDSUHIN AL TNAI
IF SOMEONE IS MEKADESH A WOMAN ON CONDITION THAT HE HAS A MANAH, IF IT IS KNOWN BY WAY OF WITNESSES THAT HE HAS A MANAH IT IS A KIDUSHIN, BUT IF IT IS NOT KNOWN IT IS A SAFEK KIDUSHIN EVEN IF HE CLAIMS THAT HE DOESN’T HAVE A MANAH. IF HE SAYS ON CONDITION THAT I HAVE A MANAH IN THE HANDS OF PLONI, IF IT IS KNOWN BY WAY OF WITNESSES THAT HE HAS A MANAH IN THE HANDS OF PLONI IT IS A KIDUSHIN, BUT IF IT IS NOT KNOWN IT IS A SAFEK KIDUSHIN EVEN IF PLONI SAYS THAT HE DOESN’T HAVE HIS MANAH. (SHULCHAN ARUCH EH 38:14, 15)
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Index to Revach for Maseches Kidushin
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