Translation:Shulchan Aruch/Even ha-Ezer/30

Paragraph 1- If one marries a woman with money or a document, he does not have to place the marriage item into her hand. Rather, if she consents to having the item thrown to her and he threw it into her hand, lap, courtyard or field, she would be married.

Paragraph 2- If the woman was standing in the man’s domain, he must place the marriage item in her hand or lap. If the husband loaned her a place in his courtyard, the law would be the same as that of a get.

Paragraph 3- If the woman was standing in a domain that belonged to both of them, and he threw the marriage item to her with her knowledge, and the item never reached her hand or lap, her marriage is uncertain. Even if she told him to leave the item on this place, which belonged to both of them, the marriage would be uncertain.

Paragraph 4- If the woman was standing in an alley or on the sides of a public domain, and the man threw the item within her four amos, she would be married. If the item was still within his four amos, she would not be married, even if entered her four amos because since he entered there first, he acquires that area and it belongs to him.

Paragraph 5- If they were both standing in a public domain or in a domain that did not belong to either of them, and he threw her the marriage item and it landed closer to him, she would not be married. If it landed closer to her, she would be married. If it was halfway between him and her or uncertain whether it was closer to him or her and the item was lost before it came to her hands, her marriage would be uncertain. What is a case where it is closer to him and what is a case where it is closer to her? If he is able to guard the item but she is not, that is considered closer to him. If she is able to guard it and he is not, that is considered closer to her. If they were both able to guard the item or both not able to guard the item, that is considered halfway between them.

Paragraph 6- If he threw her the marriage item, even if it landed in her lap, and she did not take it but was silent, there are those who say it is of no effect since she did not initially agree to marry him.

Paragraph 7- If a man tells a woman, “marry me with this dinar,” and she took it and cast it into the sea, fire or any other destructive area in his presence, she would not be married. It goes without saying that if she threw it to a non-destructive area then it is evidence that she does not desire to be married.

Paragraph 8- If a man tells a woman to marry him via a maneh and she responds to give it to her father, his father or so-and-so, even if he were to say “marry me with the maneh I gave to them,” she would not be married. If she said they would accept the maneh on her behalf, however, she would be married, even if he did not subsequently say she should be married with the maneh he gave them.

Paragraph 9- If a man tells a woman to marry him with a maneh and she responds to leave the maneh on the rock, she would not be married. If it was her rock, she would be married. There are those who say this is only where she specified the rock, such as where she said “place it on such-and-such rock” or “on my rock.” If she simply said “on the rock,” however, and the man placed on her rock, she would not be married. If the rock belonged to both of them, the marriage is uncertain. The Rosh and Tosafos explain that this is all in a case where he subsequently placed it in her lap and she was silent, and she would still not be married if she first said “place it on a rock,” except if it was her rock etc.

Paragraph 10- If a man tells a woman to marry him with this bread, and she says to give it to so-and-so, the pauper, she would not be married, even if such pauper relied on her for support. This is also referring to a case where he later put it in her lap.

Paragraph 11- If a man tells a woman to marry him with this bread and she tells him to give it to a dog, and the dog was hers, she would be married. If it is not hers, she would not be married. If the dog was running after her to bite her, the marriage would be uncertain. This case is also one where he later placed the bread in her lap. If she initially said to give the bread to the dog or place the dinar on the rock and she will be married to him, there are those who say the law would be the same as where she said to give the dinar to so-and-so, as was discussed above in 29:2. One should be stringent on the matter.