Conditions that shape a legal act

הַמְּקַדֵּשׁ עַל תְּנַאי:

When a man effects kiddushin subject to a condition:

The man gives the woman kiddushin, but states that their validity depends upon a specified event or action.

אִם נִתְקַיֵּם הַתְּנַאי — מְקֻדֶּשֶׁת;

if the condition is fulfilled, she is consecrated;

Once the required condition is fulfilled, the kiddushin take effect.

וְאִם לֹא נִתְקַיֵּם — אֵינָהּ מְקֻדֶּשֶׁת.

but if it is not fulfilled, she is not consecrated.

Since the kiddushin were made dependent upon the condition, they do not take effect if the condition is not fulfilled.

בֵּין שֶׁהָיָה הַתְּנַאי מִן הָאִישׁ, בֵּין שֶׁהָיָה מִן הָאִשָּׁה.

This applies whether the condition was made by the man or by the woman.

Either party may make the kiddushin dependent upon a condition, provided that both agree to the arrangement.

וְכָל תְּנַאי שֶׁבָּעוֹלָם —

Every condition whatsoever —

The rules governing conditions are not limited to kiddushin.

בֵּין בְּקִדּוּשִׁין, בֵּין בְּגֵרוּשִׁין,

whether concerning kiddushin or divorce,

A marriage or divorce may be made dependent upon a condition.

בֵּין בְּמֶקָּח וּמִמְכָּר, בֵּין בִּשְׁאָר דִּינֵי מָמוֹן —

whether concerning a purchase and sale or any other matter of monetary law —

Sales, gifts, and other financial transactions may also be made dependent upon conditions.

צָרִיךְ לִהְיוֹת בַּתְּנַאי אַרְבָּעָה דְּבָרִים.

must contain four elements.

For a condition to be halachically valid, it must satisfy the four requirements explained in the following halachah.

וְאֵלּוּ הֵן הָאַרְבָּעָה דְּבָרִים שֶׁל כָּל תְּנַאי:

These are the four requirements of every valid condition:

Each of the following requirements must be fulfilled for the condition to control the legal act.

שֶׁיִּהְיֶה תְּנַאי כָּפוּל,

the condition must be stated in a twofold manner,

The person must state both what will happen if the condition is fulfilled and what will happen if it is not fulfilled.

וְשֶׁיִּהְיֶה הֵן שֶׁלּוֹ קוֹדֵם לַלַּאו,

its positive statement must precede its negative statement,

He must first state the result if the condition is fulfilled, and only afterward state the result if it is not fulfilled.

וְשֶׁיִּהְיֶה הַתְּנַאי קוֹדֵם לַמַּעֲשֶׂה,

the condition must be stated before the act,

He must state the condition before completing the act that he wishes to make dependent upon it.

וְשֶׁיִּהְיֶה הַתְּנַאי דָּבָר שֶׁאֶפְשָׁר לְקַיְּמוֹ.

and the condition must be something that can possibly be fulfilled.

A condition requiring something impossible is not regarded as a genuine condition.

וְאִם חָסֵר הַתְּנַאי אֶחָד מֵהֶן —

If the condition lacks any one of these requirements —

Even if the other three requirements were met, the condition is invalid.

הֲרֵי הַתְּנַאי בָּטֵל, וּכְאִלּוּ אֵין שָׁם תְּנַאי כְּלָל;

the condition is nullified, and it is considered as though no condition was made at all.

The legal act itself is not necessarily nullified. Instead, it takes effect without being restricted by the invalid condition.

אֶלָא תִּהְיֶה זוֹ מְקֻדֶּשֶׁת אוֹ מְגֹרֶשֶׁת,

Thus, the woman is consecrated or divorced,

The kiddushin or divorce takes effect immediately and unconditionally.

וְיִתְקַיֵּם הַמֶּקָּח אוֹ הַמַּתָּנָה מִיָּד,

and the sale or gift takes effect immediately,

The transaction is completed without waiting for the condition to be fulfilled.

וּכְאִלּוּ לֹא הִתְנָה כְּלָל,

as though no condition had been made,

The condition is disregarded entirely.

הוֹאִיל וְחָסֵר הַתְּנַאי אֶחָד מִן הָאַרְבָּעָה.

because the condition lacked one of the four requirements.

Since it was not formulated properly, it has no power to limit the legal act.

כֵּיצַד?

What is an example of this?

The Rambam now demonstrates how all four requirements are included in a valid condition.

הָאוֹמֵר לְאִשָּׁה: ״אִם תִּתְּנִי לִי מָאתַיִם זוּז, הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי בְּדִינָר זֶה;

A man tells a woman: “If you give me two hundred zuz, you are consecrated to me with this dinar;

This is the positive part of the condition: if she gives him the specified sum, the kiddushin will take effect.

וְאִם לֹא תִתְּנִי לִי, לֹא תְהִי מְקֻדֶּשֶׁת״.

but if you do not give it to me, you will not be consecrated.”

This is the negative part of the condition: if she does not give him the money, the kiddushin will not take effect.

וְאַחַר שֶׁהִתְנָה תְּנַאי זֶה, נָתַן לָהּ הַדִינָר —

After stating this condition, he gave her the dinar —

He stated the complete condition before performing the act of giving her the kiddushin.

הֲרֵי הַתְּנַאי קַיָּם,

the condition is valid,

It satisfies the required form of a binding condition.

וַהֲרֵי זוֹ מְקֻדֶּשֶׁת עַל תְּנַאי;

and she is consecrated conditionally.

The final status of the kiddushin now depends upon whether she fulfills the condition.

וְאִם נָתְנָה לוֹ מָאתַיִם זוּז — הֲרֵי זוֹ מְקֻדֶּשֶׁת,

If she gives him the two hundred zuz, she is consecrated;

By giving him the money, she fulfills the condition upon which the kiddushin depend.

וְאִם לֹא נָתְנָה — אֵינָהּ מְקֻדֶּשֶׁת.

but if she does not give it, she is not consecrated.

If the condition is not fulfilled, the kiddushin do not take effect.

אֲבָל אִם אָמַר לָהּ: ״הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי בְּדִינָר זֶה״,

But if he tells her: “You are consecrated to me with this dinar,”

At this point, he has stated the kiddushin without making them dependent upon any condition.

וְנָתַן הַדִינָר בְּיָדָהּ,

and he places the dinar in her hand,

By giving her the dinar for kiddushin, he performs the act before stating a condition.

וְהִשְׁלִים הַתְּנַאי וְאָמַר: ״אִם תִּתְּנִי לִי מָאתַיִם זוּז תְּהִי מְקֻדֶּשֶׁת,

and then completes his statement by saying: “If you give me two hundred zuz, you will be consecrated;

Only after giving her the dinar does he attempt to make the kiddushin dependent upon her giving him the money.

וְאִם לֹא תִתְּנִי לִי, לֹא תְהִי מְקֻדֶּשֶׁת״ —

but if you do not give it to me, you will not be consecrated” —

Although he states both the positive and negative sides, the condition was stated too late.

הֲרֵי הַתְּנַאי בָּטֵל,

the condition is nullified,

The condition has no effect upon the kiddushin.

מִפְּנֵי שֶׁהִקְדִּים הַמַּעֲשֶׂה וְנָתַן לְיָדָהּ, וְאַחַר כָּךְ הִתְנָה.

because he performed the act first by placing the dinar in her hand, and only afterward stated the condition.

A valid condition must be stated before the act that is being made dependent upon it.

וְאַף עַל פִּי שֶׁהַכֹּל בְּתוֹךְ כְּדֵי דִּבּוּר —

This applies even though the entire statement was made within the brief period known as toch kedei dibbur —

Even though he stated the condition almost immediately after giving her the dinar, it was still stated after the act.

הֲרֵי זוֹ מְקֻדֶּשֶׁת מִיָּד,

she is consecrated immediately,

The kiddushin take effect as soon as she receives the dinar.

וְאֵינָהּ צְרִיכָה לִתֵּן לוֹ כְּלוּם.

and she does not have to give him anything.

Since the condition is invalid, she does not have to give him the two hundred zuz.

וְכֵן אִם אָמַר לָהּ: ״אִם תִּתְּנִי לִי מָאתַיִם זוּז, הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי בְּדִינָר זֶה״,

Similarly, if he tells her: “If you give me two hundred zuz, you are consecrated to me with this dinar,”

He has stated what will happen if she fulfills the condition, but has not stated what will happen if she does not fulfill it.

וְאַחַר כָּךְ נָתַן הַדִינָר לְיָדָהּ —

and afterward he places the dinar in her hand —

Although he stated the condition before giving her the kiddushin, he did not formulate the condition completely.

הֲרֵי הַתְּנַאי בָּטֵל,

the condition is nullified,

The incomplete condition has no effect upon the kiddushin.

מִפְּנֵי שֶׁלֹּא כָפַל תְּנָאוֹ,

because he did not state his condition in a twofold manner,

He stated only the positive side of the condition.

שֶׁהֲרֵי לֹא אָמַר לָהּ: ״וְאִם לֹא תִתְּנִי, לֹא תְהִי מְקֻדֶּשֶׁת״.

for he did not tell her: “If you do not give it to me, you will not be consecrated.”

To create a valid doubled condition, he must clearly state both possible outcomes.

וַהֲרֵי זוֹ מְקֻדֶּשֶׁת מִיָּד,

Therefore, she is consecrated immediately,

Because the condition is invalid, the kiddushin take effect without depending upon her giving him the money.

וְאֵינָהּ צְרִיכָה לִתֵּן לוֹ כְּלוּם.

and she does not have to give him anything.

She is fully consecrated even if she never gives him the two hundred zuz.

וְכֵן אִם אָמַר לָהּ: ״אִם לֹא תִּתְּנִי לִי מָאתַיִם זוּז, לֹא תְהִי מְקֻדֶּשֶׁת לִי;

Similarly, if he tells her: “If you do not give me two hundred zuz, you will not be consecrated to me;

He begins with the negative result—what will happen if she does not fulfill the condition.

וְאִם תִּתְּנִי לִי מָאתַיִם זוּז, הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי בְּדִינָר זֶה״,

but if you give me two hundred zuz, you are consecrated to me with this dinar,”

He states the positive result only after the negative result.

וְאַחַר כָּךְ נָתַן הַדִינָר לְיָדָהּ —

and afterward he places the dinar in her hand —

Although he stated both possible outcomes before giving the kiddushin, he stated them in the wrong order.

הֲרֵי הַתְּנַאי בָּטֵל, מִפְּנֵי שֶׁהִקְדִּים לָאו לְהֵן.

the condition is nullified because he placed the negative statement before the positive statement.

A valid condition must first state what will happen if the condition is fulfilled and only afterward what will happen if it is not fulfilled.

וַהֲרֵי זוֹ מְקֻדֶּשֶׁת מִיָּד,

Therefore, she is consecrated immediately,

Since the condition is invalid, the kiddushin take effect without depending upon her giving him the money.

וְאֵינָהּ צְרִיכָה לִתֵּן לוֹ כְּלוּם.

and she does not have to give him anything.

She is consecrated even if she never gives him the two hundred zuz.

וְכֵן אִם אָמַר לָהּ: ״אִם תַּעֲלִי לָרָקִיעַ אוֹ תֵּרְדִי לַתְּהוֹם, הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי בְּדִינָר זֶה;

Similarly, if he tells her: “If you ascend to the heavens or descend into the depths, you are consecrated to me with this dinar;

He makes the kiddushin dependent upon actions that a person cannot possibly perform.

וְאִם לֹא תַעֲלִי לָרָקִיעַ וְלֹא תֵרְדִי לַתְּהוֹם, לֹא תְהִי מְקֻדֶּשֶׁת״,

but if you do not ascend to the heavens or descend into the depths, you will not be consecrated,”

Although he states both sides of the condition, the condition itself is impossible to fulfill.

וְאַחַר כָּךְ נָתַן הַדִינָר בְּיָדָהּ —

and afterward he places the dinar in her hand —

He now performs the act of kiddushin after stating the impossible condition.

הֲרֵי הַתְּנַאי בָּטֵל, וַהֲרֵי הִיא מְקֻדֶּשֶׁת מִיָּד;

the condition is nullified, and she is consecrated immediately.

Since the condition is impossible, it has no effect, and the kiddushin take effect without it.

שֶׁהַדָּבָר יָדוּעַ שֶׁאִי אֶפְשָׁר לָהּ לְקַיֵּם תְּנַאי זֶה,

For it is well known that she cannot fulfill this condition,

A genuine condition must require something that is realistically possible.

וְאֵין זֶה אֶלָא כְּמַפְלִיגָהּ בִּדְבָרִים דֶּרֶךְ שְׂחוֹק וְהִתּוּל.

and he is merely putting her off with words spoken in jest and mockery.

Because the words demand the impossible, they are not treated as a serious condition.

הֲרֵי שֶׁהִתְנָה בְּדָבָר שֶׁאֶפְשָׁר לַעֲשׂוֹתוֹ, אֶלָא שֶׁהַתּוֹרָה אָסְרָה אוֹתוֹ —

If a man makes a condition involving something that is physically possible to do, but that the Torah has forbidden —

The act is prohibited, but it is still within the woman’s physical ability to perform it. Therefore, it is considered a possible condition.

כְּגוֹן שֶׁאָמַר לָאִשָּׁה: ״אִם תֹּאכְלִי חֵלֶב וְדָם, הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי בְּדִינָר זֶה;

for example, he tells a woman: “If you eat forbidden fat or blood, you are consecrated to me with this dinar;

He makes the kiddushin dependent upon her eating foods that the Torah forbids.

וְאִם לֹא תֹאכְלִי, לֹא תְהִי מְקֻדֶּשֶׁת״;

but if you do not eat them, you will not be consecrated”;

If she refrains from eating them, the condition is not fulfilled and the kiddushin do not take effect.

״אִם תֹּאכְלִי בְּשַׂר חֲזִיר, הֲרֵי זֶה גִּטִּיךְ;

or he tells his wife: “If you eat pork, this is your get;

He makes the divorce dependent upon her eating food forbidden by the Torah.

וְאִם לֹא תֹאכְלִי, לֹא יְהֵא גֵּט״.

but if you do not eat it, the get will not take effect.”

If she does not eat it, the condition is not fulfilled and the divorce does not take effect.

וְאַחַר שֶׁהִתְנָה, נָתַן הַדִינָר אוֹ הַגֵּט בְּיָדָהּ —

After stating the condition, he places the dinar or the get in her hand —

He states the complete condition before performing the act that depends upon it.

הֲרֵי הַתְּנַאי קַיָּם;

the condition is valid.

Although fulfilling it would involve a transgression, the required action is physically possible.

וְאִם עָבְרָה וְאָכְלָה, תִּהְיֶה מְקֻדֶּשֶׁת אוֹ מְגֹרֶשֶׁת;

If she transgresses and eats the forbidden food, she becomes consecrated or divorced;

By committing the prohibited act, she fulfills the condition, and its stated legal result takes effect.

וְאִם לֹא אָכְלָה, אֵינָהּ מְקֻדֶּשֶׁת וְאֵינָהּ מְגֹרֶשֶׁת.

but if she does not eat it, she is neither consecrated nor divorced.

If she does not fulfill the condition, the act that depended upon it does not take effect.

וְאֵין אוֹמְרִים בְּזֶה: הֲרֵי הִתְנָה עַל מַה שֶׁכָּתוּב בַּתּוֹרָה,

We do not say in this instance that he made a condition contrary to what is written in the Torah,

He is not attempting to permit the forbidden food or to cancel the Torah’s prohibition.

שֶׁהֲרֵי בְּיָדָהּ שֶׁלֹּא תֹאכַל, וְלֹא תִתְקַדֵּשׁ וְלֹא תִתְגָּרֵשׁ.

because she has the option not to eat and therefore not to become consecrated or divorced.

She can obey the Torah by refusing to eat, in which case the condition will remain unfulfilled.

וּבְמַה אָמְרוּ: ״כָּל הַמַּתְנֶה עַל מַה שֶׁכָּתוּב בַּתּוֹרָה — תְּנָאוֹ בָּטֵל, חוּץ מִדָּבָר שֶׁבְּמָמוֹן״?

In what situation did our Sages say: “Whenever a person makes a condition contrary to what is written in the Torah, his condition is nullified—except when it concerns a monetary matter”?

The Rambam now explains which type of condition is truly considered an attempt to contradict the Torah.

כְּגוֹן שֶׁקִדֵּשׁ אוֹ גֵּרַשׁ אוֹ נָתַן אוֹ מָכַר —

For example, a person effects kiddushin, gives a divorce, presents a gift, or makes a sale —

He performs a valid legal act but attaches a condition to it.

עַל תְּנַאי שֶׁהוּא רוֹצֶה בִּתְנָאוֹ שֶׁיְּזַכֶּה עַצְמוֹ בְּדָבָר שֶׁלֹּא זִכְּתָה לוֹ תּוֹרָה וּמָנְעָה מִמֶּנּוּ,

on a condition through which he seeks to acquire a right that the Torah did not grant him, but instead withheld from him,

He attempts to use his condition to give himself permission or authority that the Torah explicitly denied him.

אוֹ יִפְטֹר עַצְמוֹ בִּתְנָאוֹ מִדָּבָר שֶׁחִיְּבָה אוֹתוֹ בּוֹ תּוֹרָה —

or to free himself through his condition from an obligation that the Torah imposed upon him —

He attempts to make the legal act binding while avoiding a Torah obligation that normally accompanies it.

שֶׁאוֹמְרִין לוֹ: ״תְּנָאַךָ בָּטֵל, וּכְבָר נִתְקַיְּמוּ מַעֲשֶׂיךָ;

we tell him: “Your condition is nullified, but the act you performed has already taken effect.

The invalid condition is disregarded, while the underlying kiddushin, divorce, gift, or sale remains binding.

וְאֵין אַתָּה נִפְטָר מִדָּבָר שֶׁחִיְּבָה אוֹתְךָ בּוֹ הַתּוֹרָה,

You are not freed from anything that the Torah obligated you to do,

His condition cannot remove a Torah obligation.

וְלֹא תִזְכֶּה בְּדָבָר שֶׁמָּנְעָה אוֹתְךָ מִמֶּנּוּ״.

nor do you acquire a right that the Torah withheld from you.”

His condition cannot grant him something that the Torah prohibited or denied.

כֵּיצַד? כְּגוֹן שֶׁקִדֵּשׁ אִשָּׁה עַל תְּנַאי שֶׁאֵין לָהּ עָלָיו שְׁאֵר, כְּסוּת וְעוֹנָה —

What is an example? A man effects kiddushin with a woman on condition that he will not owe her food, clothing, or conjugal rights —

He attempts to make the marriage binding while removing the three marital obligations stated by the Torah.

שֶׁאוֹמְרִין לוֹ: ״כְּסוּת וּשְׁאֵר — תְּנָאַךָ קַיָּם״,

we tell him: “Regarding clothing and food, your condition is valid,”

These are financial obligations. Since the woman may agree to waive monetary rights owed to her, this part of the condition can take effect.

מִפְּנֵי שֶׁהוּא תְּנַאי שֶׁבְּמָמוֹן.

because it is a condition concerning monetary matters.

A person may choose to surrender a financial benefit to which the Torah entitled her.

אֲבָל בָּעוֹנָה — תְּנָאַךָ בָּטֵל,

But regarding conjugal rights, your condition is nullified,

Conjugal rights are not treated as an ordinary financial benefit that may be removed through such a condition.

שֶׁהַתּוֹרָה חִיְּבָה אוֹתְךָ בָּעוֹנָה,

because the Torah obligated you in her conjugal rights.

The husband cannot use a condition to release himself from this personal marital obligation.

וַהֲרֵי זוֹ מְקֻדֶּשֶׁת, וְאַתָּה חַיָּב בְּעוֹנָתָהּ,

The woman is consecrated, and you remain obligated in her conjugal rights.

The marriage takes effect, but the invalid portion of the condition is disregarded.

וְאֵין בְּיָדְךָ לִפְטֹר עַצְמְךָ בִּתְנָאַךָ״.

You do not have the power to free yourself from this responsibility through your condition.”

A private agreement cannot remove this Torah obligation.

וְכֵן כָּל כַּיּוֹצֵא בָּזֶה.

The same applies in all similar situations.

A condition may waive monetary rights, but not other obligations that the Torah requires.

וְכֵן הַמְּקַדֵּשׁ יְפַת תֹּאַר עַל תְּנַאי שֶׁיִּתְעַמֶּר בָּהּ —

Similarly, if a man effects kiddushin with a woman taken captive in war on condition that he may treat her as a servant —

He attempts to make the marriage binding while reserving a right that the Torah denied him.

הֲרֵי זוֹ מְקֻדֶּשֶׁת, וְאֵין לוֹ לְהִתְעַמֶּר בָּהּ;

she is consecrated, but he may not treat her as a servant.

The kiddushin take effect, while the condition granting him control over her is nullified.

שֶׁהֲרֵי הַתּוֹרָה מָנְעָה אוֹתוֹ מִלְּהִשְׁתַּעְבֵּד בָּהּ אַחַר שֶׁנִּבְעֲלָה,

because the Torah prohibited him from enslaving her after having relations with her.

Once their relationship has been consummated, the Torah expressly denies him the right to treat her as a slave.

וְלֹא מִפְּנֵי תְּנָאוֹ יִזְכֶּה בְּדָבָר שֶׁמָּנְעָה אוֹתוֹ תּוֹרָה,

His condition cannot grant him a right that the Torah withheld from him.

A person cannot create permission for himself merely by including it in a condition.

אֶלָא תְּנָאוֹ בָּטֵל.

Rather, his condition is nullified.

The forbidden condition is ignored, while the kiddushin remain valid.

וְכֵן כָּל כַּיּוֹצֵא בָּזֶה.

The same applies in all similar situations.

Whenever a condition attempts to create a right prohibited by the Torah, the condition is void.

הִתְנָה עַל הָאִשָּׁה בִּשְׁעַת קִדּוּשִׁין אוֹ בִּשְׁעַת גֵּרוּשִׁין, שֶׁתִּבָּעֵל לְאָבִיהָ וּלְאָחִיהָ אוֹ לִבְנָהּ, וְכַיּוֹצֵא בָּזֶה —

If a man stipulates at the time of kiddushin or divorce that the woman must engage in relations with her father, brother, son, or another forbidden relative —

Fulfilling this condition would require not only the woman’s participation in a grave transgression, but also the willing participation of another person.

הֲרֵי זֶה כְּמִי שֶׁהִתְנָה עָלֶיהָ שֶׁתַּעֲלֶה לָרָקִיעַ אוֹ שֶׁתֵּרֵד לַתְּהוֹם,

it is regarded as though he stipulated that she ascend to the heavens or descend into the depths.

The condition is treated as impossible, just like the impossible conditions discussed previously.

וּתְנָאוֹ בָּטֵל,

and his condition is nullified,

Because it is not a valid condition, it cannot determine whether the kiddushin or divorce takes effect.

שֶׁאֵין בְּיָדָהּ שֶׁיַּעַבְרוּ אֲחֵרִים וְיָבוֹאוּ עַל הָעֶרְוָה,

because it is not within her power to cause others to transgress and engage in a forbidden relationship.

Even if the woman chose to sin, she cannot control whether the other person will agree to participate. The condition therefore requires a result that is not within her ability to bring about.

וְנִמְצָא שֶׁהִתְנָה בְּדָבָר שֶׁאֵין בְּיָדָהּ לְקַיְּמוֹ.

It follows that he made the condition dependent upon something that is not within her power to fulfill.

A valid condition must involve an outcome that the responsible party has a realistic ability to produce.

וְכֵן כָּל כַּיּוֹצֵא בָּזֶה.

The same applies in all similar situations.

Whenever fulfillment depends upon persuading another person to commit a transgression, the condition is treated as impossible.

אֲבָל אִם הִתְנָה עָלֶיהָ שֶׁיִּתֵּן לִי פְּלוֹנִי חֲצֵרוֹ,

But if he stipulates that a particular person must give him his courtyard,

The woman does not control the courtyard, but she may be able to persuade its owner to give it to the man.

אוֹ שֶׁיַּשִּׂיא בִּתּוֹ לִבְנִי, וְכַיּוֹצֵא בָּזֶה —

or that the person must marry his daughter to the man’s son, or something similar —

This result also depends upon another person’s agreement, but the woman may have a legitimate way to obtain that agreement.

תְּנָאוֹ קַיָּם;

his condition is valid.

Unlike the previous case, the requested outcome is considered realistically achievable.

שֶׁהֲרֵי אֶפְשָׁר בְּיָדָהּ לְקַיְּמוֹ,

because it is possible for her to fulfill it,

A result can be considered within her power even when she cannot produce it directly, provided that she has a realistic and permitted way to bring it about.

וְתִתֵּן לִפְלוֹנִי מָמוֹן הַרְבֵּה, עַד שֶׁיִּתֵּן לוֹ חֲצֵרוֹ, וְעַד שֶׁיַּשִּׂיא בִּתּוֹ לִבְנוֹ —

for she can give that person a large sum of money until he agrees to give the man his courtyard or marry his daughter to the man’s son —

The woman could offer him enough financial benefit to persuade him willingly. Therefore, the result is not beyond her ability to influence.

שֶׁהֲרֵי אֵין כָּאן עֲבֵרָה.

because no transgression is involved.

The other person is being asked to make a permitted choice. This distinguishes the case from Halachah 11, where fulfillment required another person to sin.

וְכֵן כָּל כַּיּוֹצֵא בָּזֶה.

The same applies in all similar situations.

A condition may validly depend upon persuading another person to perform a permitted act.

שִׂים אֵלּוּ הַדְּבָרִים שֶׁל תְּנָאִים לְנֶגֶד עֵינֶיךָ תָּמִיד.

Keep these rules governing conditions before your eyes at all times.

The Rambam instructs the reader to treat the four requirements as general rules that apply throughout the laws that follow.

וְכָל מָקוֹם שֶׁאַתָּה שׁוֹמֵעַ: הַמְּקַדֵּשׁ עַל תְּנַאי כָּךְ וְכָּךְ,

Whenever you encounter a case in which a man effects kiddushin subject to a particular condition,

The Rambam will not repeat each time that the condition must be formulated correctly. That requirement should be understood automatically.

אוֹ הַנּוֹתֵן גֵּט עַל תְּנַאי כָּךְ וְכָּךְ,

or gives a get subject to a particular condition,

The same four requirements apply to a conditional divorce.

אוֹ הַמּוֹכֵר, אוֹ הַנּוֹתֵן עַל תְּנַאי —

or sells something or gives a gift conditionally —

They also apply to conditional sales, gifts, and other financial transactions.

תֵּדַע שֶׁהַתְּנַאי יֵשׁ בּוֹ אַרְבָּעָה דְּבָרִים אֵלּוּ שֶׁבֵּאַרְנוּ,

you should understand that the condition contains the four elements that we have explained.

Whenever the Rambam later describes a valid condition, he assumes that it was doubled, stated positive before negative, stated before the act, and possible to fulfill.

כְּדֵי שֶׁלֹּא נִהְיֶה צְרִיכִין לְפָרֵשׁ אוֹתָן בְּכָל מָקוֹם וּמָקוֹם.

This prevents the need to explain those requirements in every individual case.

The Rambam establishes the rule once and relies upon the reader to apply it wherever conditional agreements appear.

וְאִם חָסֵר אֶחָד מֵהֶן, אֵין כָּאן תְּנַאי.

If any one of these elements is missing, there is no valid condition.

Unless a later law states an exception, an improperly formulated condition is disregarded and the underlying act takes effect without it.

יֵשׁ מִקְצַת גְּאוֹנִים אַחֲרוֹנִים שֶׁאָמְרוּ: אֵין אָדָם צָרִיךְ לִכְפֹּל תְּנָאוֹ אֶלָא בְּגִטִּין וְקִדּוּשִׁין בִּלְבָד,

Some of the later Geonim maintained that a person must state both sides of a condition only with regard to divorce and kiddushin,

According to their view, the special seriousness of creating or ending a marriage requires the condition to be stated with complete precision.

אֲבָל בְּדִינֵי מָמוֹן, אֵינוֹ צָרִיךְ לִכְפֹּל.

but in monetary law, he does not need to state the condition in a twofold manner.

According to this opinion, a financial condition can be valid even if the person states only what will happen when the condition is fulfilled.

וְאֵין רָאוּי לִסְמֹךְ עַל דָּבָר זֶה,

It is not proper to rely upon this view,

The Rambam rejects this distinction and requires a doubled condition in financial transactions as well.

שֶׁכְּפִילַת הַתְּנַאי עִם שְׁאָר הָאַרְבָּעָה דְּבָרִים, מִתְּנַאי בְּנֵי רְאוּבֵן וּבְנֵי גָּד לָמְדוּ אוֹתָן חֲכָמִים,

because the Sages derived the doubling of the condition, together with the other requirements, from the condition made with the tribes of Reuven and Gad:

Moshe made their receipt of land east of the Jordan dependent upon their joining the other tribes in battle. The precise wording of that agreement serves as the model for valid conditions.

״אִם יַעַבְרוּ בְנֵי גָד... וְאִם לֹא יַעַבְרוּ״ (במדבר לב, כט–ל).

“If the descendants of Gad cross over… but if they do not cross over…” (Numbers 32:29–30).

Moshe first stated the result if they fulfilled the condition and then stated the result if they did not. This is the source for stating both sides of a condition.

וּתְנַאי זֶה לֹא הָיָה בְּגִטִּין וְלֹא בְּקִדּוּשִׁין.

This condition involved neither divorce nor kiddushin.

Because the Torah’s model concerns the transfer of land, its requirements cannot be limited to marriage and divorce.

וּכְזֶה הוֹרוּ גְּדוֹלֵי הַגְּאוֹנִים הָרִאשׁוֹנִים,

The great Geonim of the earlier generations ruled in this manner,

Those earlier authorities applied the four requirements to financial agreements as well as to marriage and divorce.

וְכֵן רָאוּי לַעֲשׂוֹת.

and this is the proper practice.

The Rambam concludes that all conditional agreements, including financial ones, should follow the complete four-part structure.

הַמְּקַדֵּשׁ עַל תְּנַאי —

When a man effects kiddushin subject to a condition —

The kiddushin remain incomplete until the condition is actually fulfilled.

כְּשֶׁיִּתְקַיֵּם הַתְּנַאי, תִּהְיֶה מְקֻדֶּשֶׁת מִשָּׁעָה שֶׁנִּתְקַיֵּם הַתְּנַאי,

when the condition is fulfilled, she becomes consecrated from the time of its fulfillment,

The fulfillment of the condition is the moment at which the kiddushin begin. They do not take effect retroactively.

לֹא מִשָּׁעָה שֶׁנִּתְקַדְּשָׁה.

not from the time when the original act of kiddushin was performed.

The earlier giving of the dinar prepared the kiddushin to take effect, but did not yet make her a married woman.

כֵּיצַד? הָאוֹמֵר לְאִשָּׁה: ״אִם אֶתֵּן לָךְ מָאתַיִם זוּז בְּשָׁנָה זוֹ, הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי בְּדִינָר זֶה;

What is an example? A man tells a woman: “If I give you two hundred zuz during this year, you are consecrated to me with this dinar;

He gives her the dinar for kiddushin now, but makes the kiddushin dependent upon his giving her an additional two hundred zuz before the year ends.

וְאִם לֹא אֶתֵּן לָךְ, לֹא תְהִי מְקֻדֶּשֶׁת״,

but if I do not give them to you, you will not be consecrated,”

If he fails to give her the additional money within the specified time, the kiddushin will never take effect.

וְנָתַן הַדִינָר לְיָדָהּ בְּנִיסָן,

and he places the dinar in her hand in Nissan,

The act of giving the kiddushin occurs in Nissan, but she does not yet become consecrated.

וְנָתַן לָהּ הַמָאתַיִם זוּז שֶׁהִתְנָה עִמָּהּ בְּתִשְׁרֵי —

and he gives her the stipulated two hundred zuz in Tishrei —

By giving her the money in Tishrei, he fulfills the condition and completes the kiddushin.

הֲרֵי זוֹ מְקֻדֶּשֶׁת מִתִשְׁרֵי.

she is consecrated from Tishrei.

Her status changes only in Tishrei, when the condition is fulfilled, and not retroactively from Nissan.

לְפִיכָךְ, אִם קִדְּשָׁהּ שֵׁנִי קֹדֶם שֶׁיִּתְקַיֵּם הַתְּנַאי שֶׁל רִאשׁוֹן —

Therefore, if a second man effects kiddushin with her before the first man’s condition is fulfilled —

At that time, the first man’s kiddushin have not yet taken effect, so she is still able to accept kiddushin from someone else.

הֲרֵי זוֹ מְקֻדֶּשֶׁת לַשֵּׁנִי.

she is consecrated to the second man.

The second man’s unconditional kiddushin take effect immediately and prevent the first man’s later condition from completing his kiddushin.

וְכֵן הַדִּין בַּגִּטִּין וּבַמְּמוֹנוֹת —

The same law applies to divorce and monetary matters —

A conditional divorce, sale, or gift also takes effect only when its condition is fulfilled.

בְּשָׁעָה שֶׁיִּתְקַיֵּם הַתְּנַאי, הוּא שֶׁיִּהְיֶה גֵּט אוֹ יִתְקַיֵּם הַמֶּקָּח אוֹ הַמַּתָּנָה.

the divorce, sale, or gift takes effect at the time the condition is fulfilled.

Until that moment, the intended legal change has not yet occurred.

בַּמֶּה דְּבָרִים אֲמוּרִים?

When does the previous rule apply?

The Rambam now limits Halachah 15, which stated that a conditional act normally takes effect only when its condition is fulfilled.

בְּשֶׁהָיָה שָׁם תְּנַאי, וְלֹא אָמַר ״מֵעַכְשָׁו״;

When a condition was made and the person did not say, “from now”;

Without the words “from now,” nothing takes effect until the condition is actually fulfilled.

אֲבָל אִם אָמַר לָהּ: ״הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי מֵעַכְשָׁו בְּדִינָר זֶה, אִם אֶתֵּן לָךְ מָאתַיִם זוּז״,

But if he tells her: “You are consecrated to me from now with this dinar, if I give you two hundred zuz,”

The words “from now” establish the original giving of the dinar as the intended starting point of the kiddushin. The condition will determine later whether those kiddushin are confirmed.

וּלְאַחַר זְמַן נָתַן לָהּ הַמָּאתַיִם —

and after some time he gives her the two hundred zuz —

By giving her the money, he fulfills the condition attached to the original kiddushin.

הֲרֵי זוֹ מְקֻדֶּשֶׁת לְמַפְרֵעַ מִשְׁעַת הַקִּדּוּשִׁין,

she is consecrated retroactively from the time of the original kiddushin.

Once the condition is fulfilled, it is established that the kiddushin had already taken effect when she first received the dinar.

אַף עַל פִּי שֶׁלֹּא נַעֲשָׂה תְּנָאוֹ אֶלָא לְאַחַר זְמַן מְרֻבֶּה.

This applies even if his condition was not fulfilled until a long time afterward.

The length of the delay does not change the starting point. Once the condition is fulfilled, the kiddushin are traced back to the original act.

לְפִיכָךְ, אִם קִדְּשָׁהּ אַחֵר קֹדֶם שֶׁיֵּעָשֶׂה הַתְּנַאי —

Therefore, if another man effects kiddushin with her before the condition is fulfilled —

The second man acts while the first condition is still pending. Nevertheless, if the first man later fulfills his condition, his kiddushin are established as having begun earlier.

אֵינָהּ מְקֻדֶּשֶׁת.

she is not consecrated to the second man.

If the first man later fulfills his condition, his kiddushin are established retroactively as having preceded the second man’s attempt.

וְכֵן הַדִּין בַּגִּטִּין וּבַמְּמוֹנוֹת.

The same law applies to divorce and monetary matters.

When a conditional divorce, sale, or gift is stated to take effect “from now,” fulfillment of the condition confirms that the legal change began at the time of the original act.

כָּל הָאוֹמֵר ״מֵעַכְשָׁו״ —

Whenever a person says, “from now” —

He indicates that the legal act begins immediately, although its final validity still depends upon fulfillment of the condition.

אֵינוֹ צָרִיךְ לִכְפֹּל תְּנָאוֹ,

he does not need to state both sides of his condition,

It is enough to state what must occur. He does not also have to spell out the result if the condition is not fulfilled.

וְלֹא לְהַקְדִּים הַתְּנַאי לַמַּעֲשֶׂה,

nor must he state the condition before performing the act.

The condition remains valid even if he first gives the kiddushin, get, or property and then completes his statement.

אֶלָא אַף עַל פִּי שֶׁהִקְדִּים הַמַּעֲשֶׂה — תְּנָאוֹ קַיָּם.

Rather, even if he performed the act before stating the condition, his condition is valid.

The phrase “from now” connects the condition to the original act even though the usual order was not followed.

אֲבָל צָרִיךְ לְהַתְנוֹת בְּדָבָר שֶׁאֶפְשָׁר לְקַיְּמוֹ;

He must, however, make the condition dependent upon something that can possibly be fulfilled.

Saying “from now” relaxes the requirements governing the wording and order of the condition, but it cannot turn an impossible demand into a genuine condition.

וְאִם הִתְנָה בְּדָבָר שֶׁאִי אֶפְשָׁר לְקַיְּמוֹ —

If he makes the condition dependent upon something that cannot possibly be fulfilled —

The condition fails because no one could realistically bring about the required result.

הֲרֵי זֶה כְּמַפְלִיג בִּדְבָרִים, וְאֵין שָׁם תְּנַאי.

he is regarded as merely putting the other person off with words, and there is no condition.

An impossible statement is treated as jesting rather than as a serious limitation upon the legal act.

וְכָל הָאוֹמֵר ״עַל מְנַת״ —

Whenever a person says, “on condition that” —

The expression al menas gives the condition the same basic structure as saying “from now.”

הֲרֵי זֶה כְּאוֹמֵר ״מֵעַכְשָׁו״,

it is regarded as though he said, “from now,”

The act is intended to begin at once, subject to the condition later being fulfilled.

וְאֵינוֹ צָרִיךְ לִכְפֹּל הַתְּנַאי,

and he does not need to state both sides of the condition,

He may state only the required outcome without adding what will happen if it does not occur.

וְלֹא לְהַקְדִּימוֹ לַמַּעֲשֶׂה.

nor must he state the condition before the act.

Even if the act comes first, the words “on condition that” can still make the condition effective.

כֵּיצַד? הָאוֹמֵר לְאִשָּׁה: ״הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי עַל מְנָת שֶׁתִּתְּנִי לִי מָאתַיִם זוּז״,

What is an example? A man tells a woman: “You are consecrated to me on condition that you give me two hundred zuz”;

He gives her kiddushin now, but whether they are ultimately established as valid depends upon her later payment.

״הֲרֵי זֶה גִּטִּיךְ עַל מְנַת שֶׁתִּתְּנִי לִי מָאתַיִם זוּז״,

or: “This is your get on condition that you give me two hundred zuz”;

He gives her the get now, but the divorce depends upon her fulfilling the stated condition.

״הֲרֵי חָצֵר זוֹ נְתוּנָה לְךָ בְּמַתָּנָה עַל מְנַת שֶׁתִּתֵּן לִי מָאתַיִם זוּז״ —

or: “This courtyard is given to you as a gift on condition that you give me two hundred zuz” —

The recipient takes possession of the courtyard now, subject to the required payment.

הֲרֵי תְּנָאוֹ קַיָּם,

his condition is valid,

The wording al menas, “on condition that,” creates a binding condition even without all the usual formal wording.

וְנִתְקַדְּשָׁה הָאִשָּׁה, אוֹ נִתְגָּרְשָׁה, וְזָכָה זֶה בֶּחָצֵר,

and the woman is consecrated, the wife is divorced, or the recipient acquires the courtyard,

The original act serves as the starting point of the kiddushin, divorce, or transfer. Its final validity depends upon fulfillment of the condition.

וְהֵם יִתְּנוּ הַמָאתַיִם זוּז.

and they must give the two hundred zuz.

The person upon whom the condition was imposed must make the required payment for the legal act ultimately to be established as valid.

וְאִם לֹא נָתְנוּ —

But if they do not give the money —

The condition upon which the act depended has not been fulfilled.

לֹא תִהְיֶה זוֹ מְקֻדֶּשֶׁת, וְלֹא תִתְגָּרֵשׁ זוֹ, וְלֹא יִזְכֶּה זֶה בֶּחָצֵר.

the woman is not consecrated, the wife is not divorced, and the recipient does not acquire the courtyard.

If the condition is not fulfilled, the intended legal result is treated as never having taken effect.

וְאַף עַל פִּי שֶׁלֹּא כָפַל תְּנָאוֹ,

This applies even though he did not state both sides of his condition,

The words “on condition that” make it unnecessary to add explicitly what will happen if the payment is not made.

וְאַף עַל פִּי שֶׁהִקְדִּים הַמַּעֲשֶׂה לַתְּנַאי,

and even though he performed the act before stating the condition,

The condition remains valid even when the item was handed over before the statement was completed.

וְנָתַן הַקִּדּוּשִׁין אוֹ הַגֵּט בְּיָדָהּ, וְהֶחֱזִיק זֶה בֶּחָצֵר, וְאַחַר כָּךְ הִשְׁלִים תְּנָאוֹ;

for he placed the kiddushin or the get in her hand, or the recipient took possession of the courtyard, and only afterward he completed the condition;

Ordinarily, placing the act before the condition would invalidate the condition. The wording “on condition that” allows the condition to remain attached to the act despite this reversed order.

שֶׁהֲרֵי כְּשֶׁיִּתְקַיֵּם הַתְּנַאי —

because when the condition is fulfilled —

Fulfillment does not create a new legal act at that later moment. Instead, it confirms the act that was performed earlier.

יִזְכֶּה זֶה בֶּחָצֵר, וְתִתְקַדֵּשׁ זוֹ וְתִתְגָּרֵשׁ זוֹ, מִשָּׁעָה רִאשׁוֹנָה שֶׁבָּהּ נַעֲשָׂה הַמַּעֲשֶׂה,

the recipient acquires the courtyard, the woman becomes consecrated, or the wife becomes divorced from the original time when the act was performed,

Once the condition is fulfilled, the legal effect is traced back to the original delivery of the courtyard, kiddushin, or get.

כְּאִלּוּ לֹא הָיָה שָׁם תְּנַאי כְּלָל.

as though no condition had existed at all.

After fulfillment, the act is treated as having been fully effective from its original moment, without any interruption.