1,472. Using a Woman's Own Property as Kiddushin

Hilchos Ishus 5:11

Let’s say that a man gives a woman an object for safekeeping and he later tells her that she is consecrated to him through that object. If he said this before she accepted the item and she said nothing, then marriage is effected. If he told her that after she had already accepted the object for safekeeping and she said nothing, marriage is not effected because whenever a woman remains silent after money has already been given to her, marriage is not effected. However, if she overtly agrees, then marriage is effected even if the statement was made after she had accepted the object.

Hilchos Ishus 5:12

Let’s say that a man repays a debt that he owes to a woman and, in doing so, tells her that she is consecrated to him through it. If they were already discussing marriage, the man made his statement before the woman accepted the money, and she said nothing, then marriage is effected. If marriage was not already on the table, then marriage is not effected unless she overtly agrees. If the man makes his statement after the woman has already accepted the money, marriage is not effected even if she agrees because nothing was given to her, she just accepted her own property. The man repaid his debt when she accepted the money and she is not entitled to anything further.