[Avodah] Your brother's a Mumar; here's the solution!

[Moshe Y. Gluck]

R' ZS:
> :                                                            But at least
> : there you have a shtar and witnesses, and devarim shebelev einam
devarim.
> : Here we're talking davka about devarim shebelev.  If the tenai is not
> : meant seriously it's worthless.  And I don't believe it is possible for
> : any couple to take it seriously, especially bish'as biah.  Any couple
who
> : make this tenai and mean it, shouldn't be getting married.

I question your point that a T'nai verbalized in front of witnesses may be
nullified by Devarim She'b'leiv. 

R' MB: 
> The AhS proposed this idea for avoiding her becoming a yevamah, and RMYG
> asked why the same tenai couldn't be used to avoid agunos. I think what
> RZS is now saying boils down to ein adam oseh be'ilaso be'ilas zenus,
> and not even bitenai.

The AhS makes it clear (157:17) that even if the T'nai is Chal and the
Kiddushin is not the Bi'os are still _not_ Be'los z'nus: "Kivan she'hee
m'yuchedes eilav l'vado v'einah k'zonah."

<SNIP>
> The AhS groom trying to avoid her becoming a yevamah to a mumar is
> doing it out of concern for his bride. Rather than a denial of love, his
> willingness to make his marriage conditional is an expression of it. He
> is trying to save her from someone he believes could really keep her an
> agunah -- his meshumad brother would would never consent to yibum. But
> beshe'as ma'aseh, who could be seriously thinking they would need to
> protect her from himself and still be in a state of mind where he would
> want to protect her?

Again, this is predicated on Devarim She'b'leiv being able to be Mevatel a
T'nai and a Maaseh made in front of Eidim. Also, IMHO, I think you're
looking at this backward - it isn't that he wants to protect her - it's that
he wants to marry her, and the only way to do that is to do so Al T'nai that
should the unthinkable happen, etc. etc.

KT,
MYG