Related for Gittin 151:8
וחכמים אומרים אע"פ שלא נתקיים התנאי הרי זה גט יכולה היא שתאמר לו תן לי אביך ואשמשנו תן לי בנך ואניקנו
According to another explanation he addressed his remark to the Rabbis, and what he meant was this: There is no condition in the Scripture which is not duplicated and we base our rules upon them.
Tosefta Kiddushin
A man who said to a woman: "Behold you are betrothed to me with the understanding that I will talk to the ruler about you"; "[With the understanding that] I will work as a labourer with you", and he gave her something worth a perutah—she is betrothed immediately [even if he hasn't fulfilled his condition yet], until he says "I didn't speak [to the ruler]" or "I didn't work [as a labourer]" [when she becomes retroactively never betrothed]—words of Rabbi Meir. But Hakhamim say: If the stipulation is fulfilled—she is betrothed; but if not—she is not betrothed. (But see Lieberman who thinks this is about tenai kaful.) Rabban Shimon ben Gamliel says: There is no [valid] stipulation in the ketubah that isn't doubled (tenai kaful, that explains what would happen both if he did the thing he promised and also if he didn't do it).
Ask RabbiBookmarkShareCopy