We just went through a machlokes Rav Yochanan Reish Lakish.
Even is everyone is maskim that the mekudash made a stipulation- "Assuming I am alive and I don't retract- the kiddushin will be effective today"
Why isn't her acceptance of the second man's proposal on day 10 not an indication that SHE is backing of of his conditional Kiddushin?
2. In both case Retroactively or 30 days from now....does he have a Mammonos claim to get back the money he initially gave her?
Avrahom, United States
Hi Avrahom,
Thank you for these questions.
1. If we assume that in the case of the condition of "from today and after thirty" or any condition of "after thirty" the Kidushin was done today already but it applies in practice only in thirty days, the woman's consent or "Da'as" has no meaning since she already agreed to the Kidushin on the first day. The woman has no choice now to withdraw from this agreement, since the condition does not depend on her opinion at all, and the Kidushin will take effect after thirty days.
2. The Shulchan Aruch (Even ha'Ezer 50) in the name of the Mordechai (on Perek ha'Omer) says that although there is a rule (see Bava Basra 145a) that "Kidushin l'Tivu'in Nitnu" -- that is, when a man gives money to a woman for Kidushin and then he or she retracts, the money is "Tove'a" (lit. "drowns") -- it stays with the woman, in a case where there was a mistake in the Kidushin (Mekach Ta'us), the money is returned to the husband. The Mordechai adds that the rule of Mekach Ta'us also applies to Kidushin that was done on a condition that was not met.
Best Regards,
Aharon Steiner