1,501. Marital Relations After an Unfulfilled Condition

Hilchos Ishus 7:22

Let’s say that a man consecrates a woman and one of them immediately changes their mind. Even if they retract instantly, it makes no difference and marriage is effected.

Hilchos Ishus 7:23

Let’s say that a man consecrates a woman based on a condition. A few days later, he changes his mind and decides to cancel the condition. In such a case, the condition is immaterial and it’s as if the woman were consecrated without any condition at all. This is so even if he cancels the condition in front of the woman alone, without witnesses. Similarly, if the woman was the one who made the condition and she canceled it in front of the man alone, then the condition is immaterial. Therefore, if he consecrated her based on a condition and later brought her in or engaged in marital relations with her without mentioning the condition, he must give her a get even though the condition was never met. This is because we are concerned that he may have canceled the condition with her privately. Similarly, if a man consecrates a woman through an object that is worth less than a prutah, or through a loan, and he then engages in marital relations with her in the presence of witnesses without making any clarifying statements, then he must give her a get because we are concerned that his intention is to effect marriage through this act. These concerns are based on the assumption that no upstanding Jew would want to engage in prohibited relations when his actions could be performed as a mitzvah.