1,504. Effecting Marriage Based on Assumptions

Hilchos Ishus 8:5

If a man stipulates that he is a Torah student, we don’t say that he must be on the level of Ben Azzai and Ben Zoma (students of Rabbi Akiva). It is sufficient that if when asked a question about his studies, he is able to answer. This is so even if it’s just about holiday laws that are studied publicly, which are simple matters reviewed before each holiday so that people will be reacquainted with them. If he stipulates that he is a scholar, we don’t say that he must be on the level of Rabbi Akiva and his peers. It is sufficient that if when asked a scholarly question on any subject, he is able to answer. If he stipulates that he is mighty, we don’t say that he must be a warrior like the Biblical Avner or Yoav; it is sufficient that his peers are intimidated by his might. If he stipulates that he is wealthy, we don’t say that he must be as rich as Rabbi Elazar ben Azariah; it is sufficient that the residents of his city honor him because of his wealth. If he stipulates that he is righteous, then even if he is known to be thoroughly evil, marriage is effected out of doubt because he may have had the intention to repent when he said that. If he stipulates that he is evil, even if the person is known to be thoroughly righteous, marriage is effected out of doubt because he might have been contemplating idolatry when he said that, and idolatry is so severe a sin that person is considered evil just for considering it as per Deuteronomy 11:16, “lest your hearts be led astray,” and Ezekiel 14:5, “that I may take hold of the House of Israel in their hearts” (both of these verses discussing idolatry).

Hilchos Ishus 8:6

If a man consecrates a woman thinking she was from a family of kohanim but she turns out to be from a family of Leviim, or vice versa; thinking she was needy but she turns out to be wealthy, or vice versa – in these cases marriage is effected because she didn’t mislead him. Similarly, if she thought he was a kohein but he turns out to be a Levi, or vice versa; needy but he turns out to be wealthy, or vice versa –marriage is effected because he didn’t mislead her.