Q&A: Disqualified Witnesses in Order to Invalidate a Marriage
Disqualified Witnesses in Order to Invalidate a Marriage
Question
Your Honor, the Rabbi, much admired and revered by many who have merited to learn from his Torah, with your permission I would like to present two theoretical questions.
In the book Walking Among Those Who Stand, p. 97, it is stated that one should understand the view of the majority of halakhic decisors regarding disqualified witnesses, so that the marriage should not be valid, and so on.
Questions!
1) Isn’t there, seemingly, an element of deception here toward an innocent bride and groom who believe that the ceremony is being conducted religiously and in accordance with Jewish law?
2) Suppose Mr. So-and-So happens to meet Ms. So-and-So by chance, and with her consent whispers in her ear the full formula, “Behold, you are betrothed to me,” with no witnesses present at all. Would these not be valid kiddushin?
Answer
Hello,
Thank you, but I suggest sparing the titles and superlatives. They are unnecessary.
In the future, please send questions through the responsa system on the site.
I did not understand the question. Which view of the halakhic decisors are you referring to? To marry off secular couples ab initio with disqualified witnesses? On the contrary, I wrote that an overwhelming majority of the halakhic decisors oppose this, even though halakhically it would seemingly have been called for.
1) There certainly is. I am not sure this is deception in the technical halakhic sense, but there is some act of dishonesty here.
2) Kiddushin without witnesses are not valid, even if we were convinced that this in fact took place. In kiddushin, the witnesses are a condition for the marriage to take effect, and not merely a factor that clarifies through evidence that everything was done properly..