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I was presented with the following scenario, that differs a bit from the one in Kiddushin (48-50) and couldn't figure the Halacha:

  1. A man gives a woman a coin of unknown value before Kosher witnesses (of course)
  2. the Man says "You are Mekudeshet to me on condition that* this coin is worth $100"
  3. The woman SAYS out loud: "I'm willing to be Mekudeshet even if it's worth $1" and receives the coin.
  4. The witnesses check the coin afterward and set the value of $20.

Do we count on what the man said, and neglect the woman, and render the Kiddushin invalid, or we count on the woman's will and render it valid?

*Note if the husband does not care how much the coin is worth, if he's just trying to persuade the woman to marry him by saying its worth more, since they both agree (see 3.) the marriage is binding Shulchan Aruch EH 31,1-2

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  • 2
    How could a man be mekaddesh someone against his will? – Double AA♦ Mar 7 '19 at 23:19
  • The question is. Was is there a valid tnay, condition? If it's the case, the woman cannot decide to be mekuddeshet, if not, she is. – kouty Mar 8 '19 at 5:24
  • For the opposite case, the Gemara discusses the daughters of R’ Yannai who wouldn’t accept Kiddushin unless the coin was some exorbitant value, befitting of their societal stature. However, the Gemara says, if they did accept just a Perutah, the Kiddushin would be binding. – DonielF Apr 7 '19 at 18:23
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I think you are looking for Shulchan Aruch Even Haezer 38,35:

המקדש על תנאי, וחזר אחר כמה ימים ובטל התנאי, אף על פי שבטלו בינו לבינה שלא בפני עדים, בטל התנאי והרי היא מקדשת סתם. וכן אם היה התנאי מן האשה ובטלה אותו בינה ובינו, בטל התנאי. לפיכך, המקדש על תנאי ובעל סתם, או כנס סתם, הרי זו צריכה גט אף על פי שלא נתקים התנאי, שמא בטל התנאי כשבעל או כשכנס.
If one betrothed with a condition, and some days latter cancelled the condition, even though the cancellation was done privately without witnesses, the condition is cancelled and she is plainly betrothed. Also, if the woman made a condition and cancelled it privately, the condition is cancelled. Therefore, if one betrothed with a condition and then had intercourse with her without remark, or married her without comment, she requires a divorce [if she wishes to marry another man] even though the condition was not fulfilled, for perhaps the condition was cancelled when he had matrimonal relations.

So in the case mentioned the woman has given her consent already to get married in spite of the tenai (stipulation) not having been fulfilled. So its up to the man to Mocheil (forgive) the Tenai and then the Kiddushin is valid retroactively. If he does not say anything till entering his house and consumating the marriage together with her, we say he is married Misafeik (Rema). So at some point someone should clarify whether he was Moichel the Tenai of depending the Kiddushin on the value of the coin, and that it does not matter any more as he wants her to remain married to him.

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