Steps for canceling a kiddushin

שו”ת › Category: Talmudic study › Steps for canceling a kiddushin

asked 9 years ago

Hello Rabbi Michi,
Does the process of canceling a Kiddushin by disqualifying a Kiddushin witness consist of two steps:
A. Disqualification until the consecration
B. Cancellation of the Kiddushin
That is, in stage one, the party to the dispute is only the witness, so the woman and the man are not parties to the dispute but are merely concerned with the matter. Therefore, it is their right to be part of the proceedings, but not their obligation.

In fact, in any legal proceeding/judicial decision, the parties are the parties to the case and the public is the subject of the matter (prohibitions and/or permits apply to them following the proceeding).

indeed?

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מיכי Staff answered 9 years ago

Hello. I’m not sure I understood the question. When a rabbi testifies against a witness, this is the issue of Sanhedrin 23:2b. “He comes first and then another to dismiss them.” There it is proven that a rabbi who testifies about a witness is a rabbi (and not a rabbi), and when he testifies about the parents of the witness (for example, that they are slaves), the conditions were divided as to whether it is kosher or not. According to the halakhic tradition, the sages do not. See Rashi where it is only when testifying about witnesses and not about judges. But in Shulchan If so, the husband and wife are probably the ones who are involved in the matter and not in the case. But I didn’t understand what you wrote, “It is their right to be part of the process, but not their obligation.” What is this? It seems to me that the public is never considered to be involved in a matter, otherwise judges would not be able to try criminals or decide on personal status laws. People from the public are involved in a matter (see 2:33b on the sabbath that was stolen from the city and more).

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שואל replied 9 years ago

Does a court ruling require a witness to be disqualified from testifying? If so, can the court still disqualify him retroactively and not just from the time of the ruling onwards?

מיכי Staff replied 9 years ago

For Torah offenses, he is disqualified retroactively (except for conspiracy, about which Abaye and Rava disagreed in the פגד דסנהדרין את הסנהרים, he is disqualified retroactively or from now on). Regarding rabbinic disqualifications, a declaration is also required, and therefore he is disqualified only from the time it is ruled and announced.