1,502. Effecting Marriage Based on Misinformation

Hilchos Ishus 8:1

Let’s say that a man tells a woman, “You are consecrated to me through this cup of wine,” but it turns out to be a cup of honey, or if he tells her it's honey and it turns out to be wine; “through this dinar of silver” but it turns out to be gold, or if he tells her it's gold and it turns out to be silver; on the condition that he’s a kohein and he turns out to be a Levi, or vice versa; on the condition that he’s a Gibeonite and he turns out to be a mamzer, or vice versa; on the condition that he lives a village and he turns out to live in a city, or vice versa; on the condition that he’s needy and he turns out to be wealthy, or vice versa; on the condition that his home is near the bathhouse and it turns out to be far, or vice versa; on the condition that he has a maid, or a daughter who knows how to braid hair or to bake and it turns out that he doesn’t, or vice versa; on the condition that he has a wife and children and it turns that he doesn’t, or vice versa – in all of these cases and in any similar situations, marriage is not effected. The same is true if the woman makes conditions based on misinformation.

Hilchos Ishus 8:2

In all of the above cases, marriage is not effected even if the woman says that her intention was to be married to him even if he misled her by providing misinformation. The same is true if he says that his intention was to be married to her even if she misled him with misinformation. This is because their intentions are not the same as their words.