[Avodah] O attend R wedding = kosher eidim?

Michael Makovi mikewinddale at gmail.com
Tue Mar 18 06:09:08 PDT 2008


According to the opinion, though, that a seeing witnesses, not only a
testifying witness, makes everyone's seeing pasul, (what has been
referred to in this conversation as the shittah of Tosafos), then
there are no _eidei kiyum_ as a result of the presence of the pasul,
and hence no kiddushin.
>
>  EMT

Okay, so question then: at an O wedding, why do the R people present
not disqualify it? Similarly, the relatives of the hatan and kalah...

Tosafot says that anyone in the vicinity is a witness and pasuls, so
Tosafot says to designate witnesses, and that way, everyone else is
segregated and doesn't count as eidim.

According to the rov, it is those eidim who actually testify, whether
or not they were designated, who can pasul. So as long as those who
actually testify are O and kosher etc., the kiddishin is kosher, and
at an R wedding, as long as the O does NOT testify, then it's unkosher
( = good). Designation per se is not necessary; rather, it is whoever
in fact testifies.

The major difference then, is that Tosafot calls for explicit
enumeration and declaration of who the eidim are, whereas the rov says
that it is whoever de facto testifies, not declaration necessary.

Have I understood? I still feel like there's something I'm not quite khopping...

Mikha'el Makovi



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