Conditions for Kiddushin
Hello Rabbi!
I heard that a few months ago the rabbi arranged a kiddushin in which there were several conditions. One of the conditions was that the woman not commit adultery.
The simple understanding that I have understood to date is that the whole essence of the consecration is to forbid the woman from the entire world (and it seems that even the literal meaning hints at this). In this case, in fact, there is no reality that the woman is forbidden from another person, since in the event that another person comes to her, there will be no prohibition in this, since it will be revealed that she is not the wife of anyone. This case can be likened to the case in which the consecration is a condition that she is not forbidden from the entire world, and as is known in this case, the condition is null. Although it is possible to distinguish between the cases, but still if the very essence of the consecration is the prohibition from the rest of the world, then in this case the woman was not forbidden and in any case was not consecrated (or the condition is null).
Of course, one can make an excuse and say that the woman is now truly forbidden to the whole world by the wife of a man, but in the event that she cheats, it will turn out that she was not the wife of a man at all. The fact that there is no NEPMA for the prohibition does not mean that this prohibition does not apply to her. Although there seems to be logic to the matter, there is a very great innovation in this and it is not at all simple. I would like to know whether the Rabbi based these Kiddushin on this assumption, and if not, I would be happy to hear another explanation for the matter.
Thank you and Happy Shabbat,
Yair
Hello Yair.
It seems you are mistaken. When sanctification is performed with a condition (such as “in order”), the sanctification is always valid. The question is only about whether the condition is valid or invalid (an invalid condition and an existing act). See Rambam 57 from Isha’at 13 and Lham there. Even on “other than” opinions differ (see BMM there).
Beyond that, the condition we made leaves it up to the court to decide whether she is deported or not. This does not automatically allow her retroactively.
And beyond all this, the condition does not retroactively nullify the prohibition, as explained by Rabbi Shekaf on Toss Ketubot to A.A. The condition nullifies the act from here to hereafter retroactively and does not nullify it from the beginning. Therefore, there is a prohibition on the wife of a man, except that if she transgresses against him, the sanctifications are nullified.
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