Shulchan Arukh Even HaEzer · Siman 39

Shulchan Arukh Even HaEzer 39 — English translation

Translation: Sefaria Community Translation. Section numbers match the Hebrew text above.

1. 1One who betroths a woman on the condition that there are no vows upon her, and it is found [that she has] on her one of these three vows which it is the nature of men to be particular about: that she will not eat meat, or that she will not drink wine, or that she will not adorn herself with kind of colors, she is not betrothed. And she does not need a get (Tur). And that is the ruling for vows between him and her, which are included in the category of vows that it is the nature of men to be particular about. If it is found [that she has] on her a vow other than these, even though he says: I am particular even about this, behold she is betrothed. And if he said to her: On the condition that there is no vow at all upon you, even if it was found that she vowed not to eat carobs, she is not betrothed. And there is an opinion that they fear lest she goes to a wise man and he permits her and therefor she is forbidden to be married without a get.
2. 2If she had active vows (lit. vows on her) and she went to a Chacham and annulled them, she is engaged [assuming the man previously made a condition that she couldn't have any vows] and even if she is an important women. What are we talking about? When the Chacham annulled them before they informed the husband [of the vows]. But if they informed the husband before he annulled them, immediately the Kiddushin is reneged. And there is one [opinion] that says: if she is an important women, if the Chacham annulled them before they informed the husband, she is doubtfully engaged. And if he engaged her on condition that she does not have any [active] vows, and had relations with her without intention [for marriage], see above Siman 38 Se'if 35.
3. 3One who engages a woman on condition that she doesn't have any blemishes, and [later] they find on her one of the blemishes that disqualify women [from conditions like this], she is not engaged. If a blemish other than one of these blemishes is found on her, even if he says, "I even care about this [blemish]!", she is [still] engaged.
4. 4And what are blemishes in women which invalidate? Any blemish that would invalidate a kohen [to do service in the Temple] invalidates for women, and there are more for women: If she is malodorous, if she is sweaty, if her mouth smells (Rama: And even if her nose smells. Mordechai in the name of R"M), and a thick voice, or one breast is bigger than the other by a handsbreadth, or a her breasts are a handsbreadth apart from each other, or a dog bite that left a scar (Explanation: The wound healed and the skin crusted over and all that remained was the impression of the wound), or a mole on the forehead, even if it is very tiny, and even if it does not have hair [growing] from it. This mole is how women have more [blemish possibilities] than the kohen. And [this case only means] if it exists under the covering of her head, which sometimes can be seen and sometimes cannot be seen. But if it can always be seen, behold he saw it and was fine, and if it can never be seen, it is not a blemish. Rama: But if there's a bath house in the city, even blemishes that are hidden are not nullified [i.e. they matter]. This case applies when it is normal for girls to go to the bath house openly, but places where girls only go to bath houses at night and secretly [i.e. they do not regularly leave their house], even open blemishes are nullified [i.e. do not matter for marriage]. Epilepsy, if it happens at set times, that is considered a hidden blemish. If it happens randomly, that is considered an open blemish. And see later Siman 118 more about the laws of blemishes. Some say that epilepsy and bad breath do not have a distinction whether there is a bath house in the city or not (Rabbi Yerucham Netiv 23).
5. 5He who betroths a plain woman, and we find on her one of the blemishes that disqualifies a woman, or he finds on her one from the promises that is the way of people to be punctilious on themselves, behold this is betrothal from doubt.
6. 6If he marries her on condition that she has no blemishes, and [it turns out] she does have blemishes but she goes to a doctor and he heals her, the marriage is not effected. But if the woman makes a condition "On condition that he does not have blemishes" and he does have blemishes but he went to a doctor and he heals him, that marriage is effected, for it is not a mark on a man that he had a blemish that was already healed, and women do not care about that.
7. 7If he marries her on the condition that she does not have any blemishes, and they find blemishes on her and a doctor heals them, that is a marriage retroactively.

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