[Avodah] O attend R wedding = kosher eidim?

[Elazar M. Teitz]

R. Micha'el Makovi wrote:

<EMT said Tosafot holds that all the potential witnesses in the vicinity count, while the contrary (majority) opinion says only the specifically designated witnesses count.>

     What I actually wrote was that according to Tosafos, if an event is witnessed by non-kosher eidim, it makes all who saw it disqualified on the basis of "nimtza echad meihem karov o pasul, eidus kulam b'teilah."  The designation serves to isolate the two appointees and eliminate the k'rovim and p'sulim.  

     The majority opinion is that "nimtza . . ." applies only to an eid hamei'id, to one who actually testifies, and who testifies together (that is, toch k'dei dibbur) of the kosher ones.  Thus, even if witnesses were not designated, the mere presence and witnessing of p'sulim is no drawback.

     Actually, Tosafos does not state that non-kosher observing witnesses disqualify the kosher one.  Rather, assuming that such is the opinion of R. Yosi in the mishna (Makkos 7a), as might be understood from his language, they ask how a get is ever kosher.  Their answer is that indeed, only a testifying witness disqualifies.

EMT
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