Dispute of Rav and Shmuel on Conditional Kiddushin Without Tenai Kaful

From: Rabbi Akiva Eiger

To: Unknown recipient

Description

Rabbi Akiva Eiger's son-in-law asked how Shmuel can hold that a non-doubled conditional kiddushin creates a status of mekudeshes v'eina mekudeshes, given that without tenai kaful the condition should be void and the kiddushin fully effective. Rabbi Akiva Eiger resolves this by recharacterizing the root of the Rav-Shmuel dispute: Rav holds that a non-doubled condition is ambiguous between a condition and a retraction, while Shmuel holds it is certainly a condition — and each therefore reads the Mishnah accordingly.

Source: Shu"t Rabbi Akiva Eiger §201

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