Translation:Shulchan Aruch/Even ha-Ezer/29
That he needs to give money in a complete gift and the laws of betrothal with a security or a coin that is found to be lacking or bad[edit]
(Contains 10 paragraphs)
Paragraph 1- If one tells a woman “you are married to me with this dinar on condition you return it to me,” she would not be married. If a woman gave another a gift on the condition it be returned in 30 days in order to marry her with it, however, and he returned it in within 30 days, she would be married. There are those who say that if he gave her a gift on condition it be returned and told her that she should be married via the benefit received during that time, the marriage would be effective.
Paragraph 2- If a woman told a man to give a maneh to so-and-so and she will be married to the donor through it, and the donor responded, “I am married to you via the benefit of this gift that I gave based on your request,” she would be married. If they were discussing the matter, she would be married even if he gave the gift without specification upon her request. This is all only where she initially and said to give a maneh to so-and-so. If he said it first and she said to give it to so-and-so, however, see later 30:8. If a woman told a man to lend money to so-and-so and she will be married to him via the loan, and he loaned to so-and-so and said “you are married to me with it,” the marriage would be effective just like a gift. If he lengthened the amount of time for repayment and married with it, however, she would not be married.
Paragraph 3- If a woman tells a man to give a dinar to so-and-so and I will be married to the recipient via that transfer, and he gave it and such recipient married her and said “you are married to me via the benefit of this gift that I accepted as per your request,” she would be married.
Paragraph 4- If a woman tells a man “here is a maneh and I will be married to you with it,” the law is discussed in Siman 27.
Paragraph 5- If a man tells a woman “here is a dinar of mine and you should be married to so-and-so,” and that so-and-so appointed him an agent, or if he did not appoint him an agent and such so-and-so told her to marry him with the maneh that the donor would give him, she would be married.
Paragraph 6- If a man tells a woman “marry me with this dinar,” and he gave her collateral on it, she would not be married until he gives the dinar. All the more so would the marriage be ineffective in a case where he gave her a document on the dinar. If he told her “you are married to me with the dinar and you will obtain rights to the actual collateral I am giving you on it,” she would be married.
Paragraph 7- If a man tells a woman “you shall be married to me with 100 dinar,” and he gives her even one dinar, she would be married once she takes the dinar and he would be required to give the remainder, because it is like a case where he said the woman should be married to him with this dinar on the condition he gives her 200 zuz, in which case she is married to him, effective now. The same applies where one dinar was deficient or bad. There are those who disagree. When is this true? Where he simply said “100 dinar.” If he explicitly said to her, “you are married to me with these 100 dinar” and he began to count it into her hands- there are those who say that just one element suffices: either he said “these 100 dinar” or he began counting- she would not be married until he gives the complete amount. Even if there is only one dinar remaining, they each can retract, unless he said that the missing dinar should be converted to a loan against him and she agreed. Likewise, if the maneh turns out to be a dinar deficient or it is discovered that the dinar is copper, which she was originally unaware of, she would not be married and they can each retract. There are those who say that even if she does not retract she would not be married unless he later tells her “be married to me with this” and she is silent. If she can use the full dinar with difficulty, she would be married.
Paragraph 8- If one tells a woman, “marry me with this dinar on the condition that I will complete a full maneh,” and she responds “on the condition you complete 200 zuz,” and each one went to their respective homes without coming to an agreement, and they later made marriage claims to each other and he married her and gave her the dinar, and he was the one that made the claim to marry, they would follow the woman’s statement and he must complete the 200. If the woman made the marriage claim on the man, they would follow the man’s statement and he would only have to complete a maneh.
Paragraph 9- If one tells a woman, “marry me with this cup,” and the cup was full of water, she would be married with the cup and what is inside because they combine to be a perutah-worth. If it was full of wine she would be married with the cup but not with what is inside. If it was full of oil, she would be married with what is inside and not with the cup. Thus, if the oil was not worth a perutah, the marriage would be uncertain, and if the oil was worth a perutah, the marriage would be certain. There are those who disagree and say that in the case of water she is married with the cup and not what is inside, wine is what is inside and not the cup and oil and fish brine is both the cup and what is inside.
Paragraph 10- If a man had types of vessels, food or some other items, and a woman said to him to give her some of it, and he asked her, “if I give them to you will you be married to me?” and she said yes and he gave it to her, she would be married. If she said “give me from them” or “throw them to me” or something to the effect of “don’t play with me with such things and just give them to me,” however, she would not be married. If at the time he gave it to her he said “you are married to me,” and she accepted, she would be married. If she accepted in silence but then said again “give it to me,” “throw it” or something similar, she would not be married. This is all where she initially asked to give her a little. If he initiated the conversation, however, and said “if I give to you will you marry me?” and she said yes as a joke, the marriage would be uncertain. Likewise, if she was drinking wine and said “give me one cup” and he told her, “if I give you will you be married to me with it?” and she said “give me to drink” or “give” and he gave her to drink, she would not be married because her response appears to me to just give her to drink and not to joke about other matters. If at the time he gave it to her he said “you should be married to me” and she accepted, she would be married.