[Avodah] O attend R wedding = kosher eidim?

Zev Sero zev at sero.name
Tue Mar 18 09:09:46 PDT 2008


Michael Makovi wrote:

> According to the rov, it is those eidim who actually testify[...]
> So as long as those who actually testify [...] Designation per se
> is not necessary; rather, it is whoever in fact testifies.

What is this "testify"?  This is where your mistake lies: there is no
"testify", only "exist".  When would they testify?  When have you ever
heard of a beis din holding a hearing into whether a marriage took place? 
Sometimes this can become an issue in a case, and then the BD would
indeed have to inquire into the matter and call witnesses, etc., but
in 99% of marriages that will never happen, and it's certainly not in
any way part of the process of marriage.

If no witnesses can be produced to prove that a marriage took place,
that doesn't make the parties unmarried, it just means that whoever
is demanding money on that basis can't prevail; but the lack of kosher
eidim at a wedding *does* invalidate it, regardless of whether there
is ever a hearing on the matter.

-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas



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