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Conditions

asked 1 year ago

Hello Rabbi. According to the opinion that says that the condition is from now on retroactively, before the condition is fulfilled, the act exists and the condition is decisive whether it will be fulfilled or not, or is the act void and the condition is decisive whether it will remain void or not, or does it depend on the language in which the condition is stated? Logically, I would say that the act exists, but it seems that the Rambam does not say this in the divorce laws, chapter 11, law 9: “Is this not your will from now on if I do not come from here until twelve months… he dies within twelve months, even though it is impossible for him to come, and since she is divorced, she will not marry in their place until after twelve months, when the condition is fulfilled.”
thanks


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מיכי Staff answered 1 year ago
In the language of our jurists, he says that there is a nullifying condition and there is a fulfilling condition. It depends on the context and the language of the condition. I think that usually the act actually takes place and the condition works backwards to nullify it. Incidentally, Rabbi Shkop claims that the situation is in the middle and the condition is decisive for either direction. And so does the Rambam you cited.

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