Translation:Shulchan Aruch/Even ha-Ezer/39

Paragraph 1- If one marries a woman conditional that she has no outstanding vows and it turns out she has one the three vows that people are generally concerned about, which are, not to eat meat, not to drink wine or not to adorn herself with different colors, she would not be married and no get would be required. The same applies to vows between him and her and they are considered vows that a person is generally concerned about. If she is discovered to have a vow other than one of the aforementioned, even if he says he is concerned on that kind of vow, she would be married. If he marries her conditional that she does not have any vow at all, she would not be married even if she made a vow not to eat carobs. There are those who say we are concerned she will go to a scholar who will annul the vow and thus she cannot marry without a get.

Paragraph 2- If the woman has outstanding vows and goes to a scholar who annuls them, she would be married, even if she is a prestigious woman. When is this true? Where the scholar annulled the vows before the husband knew of them. If the husband knew of them before the scholar annulled them, however, the marriage would be void immediately. There are those who say that if she is a prestigious woman, then even if the scholar annulled the vows before the husband was informed of them, her marriage would be uncertain. If he performed kiddushin conditional that she has no outstanding vows and then had sexual relations with her unconditionally, see above 38:35.

Paragraph 3- If one marries a woman conditional that she has no blemishes and the woman is discovered to have a blemish that disqualifies a woman, she would not be married. If she had a different kind of blemish, even if he says he cares about such a blemish, she would be married.

Paragraph 4- What are the blemishes that disqualify women? Any blemish that disqualifies a kohen would disqualify a woman. In addition, women would be disqualified by a bad odor, sweat and bad breath. There are those who say she would be disqualified by a bad odor from her nose. Women are also disqualified by a thick voice, breasts larger than others by a tefach, one tefach between her breasts, a dog-bite that created a scar and a mole on the forehead, even if it was very small and had no hair. The type of mole that applies to a woman but not to a kohen is one that is under her headscarf and is sometimes visible and sometimes not visible. If it was always visible, the husband saw and accepted, and if it is always not visible it is not a blemish. ''If there is a city-bathhouse, then even hidden blemishes would not void the marriage. When is this true? Where the girls have the practice to publicly go to the bathhouse. In a place where the girls only go at night and in secret, however, even revealed blemishes would void the marriage. If epilepsy occurs at set times it is a hidden blemish. If it is not at a set time it is a revealed blemish. There are those who say that in the case of epilepsy and bad breath, there is no distinction for places with or without a bathhouse.''

Paragraph 5- If one married a woman without specifying, and he discovered one of the blemishes that disqualify women or he discovered one of the vows that people are generally concerned about, her marriage would be in doubt.

Paragraph 6- If one marries a woman conditional that she has no blemishes and she had the blemishes and went to a doctor who cured her, she would be not be married. If the woman made a condition that he has no blemishes, however, and he went to a doctor to cure him, she would be married, because there is nothing derogatory for a man to have cured blemishes and women don’t care about it.

Paragraph 7- If one married conditional that the woman will not have blemishes, and blemishes were discovered and the doctor healed them, the woman would be retroactively married.