Q&A: The Effectuation of Marriage
The Effectuation of Marriage
Question
If I understood correctly, the Rabbi is saying that betrothal is a legal effect that depends on the will of society, with the Sages serving as its representatives. And the spouses are married only in the eyes of society. But usually people speak about the effectuation of marriage as though it is a kind of objective reality. So is the claim that this legal effect is created and disappears according to society’s perception?
Answer
Social recognition is a condition for the effectuation of betrothal. Is that effectuation a metaphysical entity? That’s a big question. I once argued that the halakhic view of a legal effect treats it as though it were a metaphysical entity. See here:
In any case, even if this is a metaphysical reality, there is no reason it cannot depend on social recognition—just as a condition can nullify betrothal.