Translation:Shulchan Aruch/Even ha-Ezer/28

Betrothal with stolen property, entrusted property, loans, or items forbidden either biblically or rabbinically to benefit from
(23 Paragraphs)

1. A man who betroths the woman with an object that was stolen or robbed or acquired through deception (Hamas) and the original owners gave up hope (despair) that it would ever be returned, and he knows that he acquired it through this despair, then the betrothal is valid, but if there was no despair (of the original owners) then it is not a valid betrothal [Rama: If he was betrothed through thievery or robbery of a goy, the betrothal is valid in any case since he is not required to return the object, only in order to sanctify HaShem's name. (ed. Some hold that this would be a saffek Kiddushin) Betrothal by a stolen object after despair alone is only a rabbinically valid betrothal].

2. An object that he stole from her through thievery, robbery or deception and he goes back to her and betroths her with her stolen or robbed or otherwise improperly acquired object and says to her, "Harei, you are betrothed to me with this." If there was no marital arrangements between them already but she takes it and is silent, they are not betrothed, but if they made marital arrangements beforehand [Rama: So it is clear that she intends to marry him even though they did not work out the dowery arrangement] or even if they did not make marital arrangements beforehand, yet he says to her "Betroth me with this," and he put it in her hand and she says "Yes," (in both these cases) they are betrothed [Rama: and he would need to pay her for her stolen property]. But, after it comes into her possession, if he were to declare, "Betroth me with this," even if she says "Yes," they are not betrothed, even if they had made marital arrangements beforehand [Rama: and she is not believed to say that she received it beforehand in the name of betrothal].

3. Also, if he returns the loan that he borrowed from her and he says to her